My friend is on state felony probation for aggrevated assault. His live has been hard lately and this past Tuesday he attempted suicide by slitting his wrist. His p.o. told him he wants his probation revoked because of what he tried to do. Can she do that? It was with a kitchen knife btw not a combat knife or other weapon.
This probation officer should be nominated for the heartless human being award of 2012, if there is such a thing. The threat of violation here is very real, but I would have your friend hire a defense attorney immediately and hope that the judge isn't as cruel as the probation officer.
There are several problems with this type of violation, and sadly enough, I've seen them before, but the few I have seen have failed. The problem is that violations of probation must be willful. And if you dig a little deeper on attempted suicide cases, you'll find that this action may be considered an involuntary result of a mental illness. I suggest your friend, under the guidance of a local criminal defense attorney, hire a mental health expert to evaluate him. Good Luck.
Criminal Defense Attorney
I agree with Mr. Guidry and would nominate the PO for the "most heartless" award of 2012, as well as having your friend placed under the care of a mental health professional.
The standard for a violation of probation is that the act be a "willful and substantial" violation of the conditions. There is a good defensive argument for both of these elements -- have your friend speak with a local defense attorney as soon as possible.
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