My husband recently got in trouble for failing a drug test on probation his very first test. The judge sanctioned him for 90 days and he is too be released July 8. When he went in front of the judge the prosecutor was trying to make him spend 6 months in jail then shock him out and make him spend 6 months in rehab, but the judge said no that he was going to just sanction him 90 days and that he wasn't going to stand in the way of my husband getting treatment and he even told the judge about the plan he had for treatment, so I had set up an appointment for my husband to get Vivitrol injections which he starts next week. I talked with his probation office today and they determined that my husband needed a 6 month impatient rehab even though my husband is going to get these injections.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Judges determine sentences on VOPs so it's not a matter of what you want or what you believe or what you desire or even what may be in your best interests. Your husband made a deal with the devil when he accepted probation and then he managed to screw it up. Now he is at the mercy of the court.
The sooner that he (and you) come to understand the nature and reality of his situation the better. Even though it is geared to ward FL I will attack a link to my AVVO Legal Guide on Surviving Probation. I am sure that KY and FL have differences in law and procedure but most of the community based sanction concepts will be similar.
I hope that after reading it you will be clearer on the "why" of thing...
Please see: Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? @ http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
I hope that I have been helpful in answering your question.
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Judge had the authority to sentence him for additional jail time for the probation violation. I'm assuming that the conditions of probation include following the recommendations of the probation office regarding any needed rehabilitation. If that is the case, then probation can have him do the 6 month inpatient rehab. Hire a criminal defense attorney to determine if the conditions of probation would allow the probation office to require him to do rehab. And, no, it's not double jeopardy.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
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