My significant other is currently incarserated on his 2nd violation for federal probation his first violation was for counterfiet he did 9 months then now he is waiting to be sentenced for failure to comply with probation.. ie not checking in, not submiting a monthly report and failure to provide a random drug test we are expecting... his probation period was gonna be over 10/13 how long could he be possibly looking at or what are some things he could do to avoid further incarseration ie a halfway house or treatment center.. or is it jst to late?
While a judge has some discretion to reinstate probation if the probation violation is minor, all judges are different. Different judges consider different violation as minor. Not checking in with a probation officer is usually not minor, because supervised probation needs to be supervised. Absconding from supervision is, therefore probably not considered minor unless the probation officer says it is. However, if he's being incarcerated, the probation officer probably doesn't think this is minor. More importantly, this is his second violation.
Many judges consider the defendant's opportunity not to commit the crime in the first place as their first chance. Getting probation is considered their second chance at not going to jail/prison. Your significant other already had their third chance by getting a 1st violation for the same offense. As such, most any judge is likely to think that your significant other is not responding well to being given chances to change his behavior.
If he gets a lawyer to help him, the lawyer's uphill battle is convince the probation officer, the government lawyer, and the judge, that his failures to report were for an extremely good reason, and that his case is not hopeless.
Without a lawyer, his probation will likely be revoked and he will spend the time incarcerated that he agreed to spend when he was originally sentenced.
This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship.
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