View Full Version : Opinions Needed - Possible Probation Revoked


SouthernDaisy
10-20-2008, 09:26 AM
Hello. I moved from probation jurisdiction this weekend. I notified my PO this morning as directed. Literally, I am in a different county, but in the same state. Will my paperwork be transferred to the new county or will I have to drive back down to the other jurisdiction?

My other questions may be more complicated. I have a pending case of a Bad Check for a misdemeanor that is set for continuence/trial for the 30th. When I called my PO this morning, she acted as if she didnt want to even transfer me and gave me a hard time for moving, even tho I did notify her as I have always been directed to do. She threw words around with something having to do with Confinement or Containment, and I'm wondering if that is even possible, when I haven't been charged or guilty, etc. yet. Also, she stated that the commonwealth has somehow already told her they'd like a letter from her to be presented about violation; like they are expecting to already violate me.

Can this happen? What all can happen at this point? I am beyond stresed. I have only 1 felony on my record, and my probation is over in April. The upcoming charge of the bad check, we can show it was simply the wrong checkbook used. The check was only for $14, but has since been paid times 5.

Please advise. Thanks for any/all info.

dwfighterva
10-20-2008, 02:58 PM
Hi Daisy and welcome to PTO! You have a lot of questions in there so let me try to break them apart to make better sense of it.

First, you are on probation in one jurisdiction and you moved to another county but still in Virginia. If the original jurisdiction allows it, you can be transferred to the new one. State law says they can make you report to the area, but they can't make you live there if your home plan is elsewhere. They can, however, put all kinds of travel restrictions and things on you to make life a nightmare, but they can't force you to live anywhere.

Now you also have a pending charge for a bad check, which you say is a misdemeanor. If you are found innocent, or the charge is dismissed, then nothing happens and you go on and finish your probation and you are off paper in April. Hallelujah! If you are found guilty, not only will they give you a sentence of some sort for this new charge, they can go back and violate your probation. So then what? It all depends.

If you had any original time suspended, or they cut a deal, they can put all that time back on you. If you had say two years probation, they can send you back in for two years, even though you already did so much of it. Doesn't matter. (Our system stinks on this btw.) The letter they want from your PO is in case they find you guilty, it will tell them what should be done if they violate you. But like I said, you get the charges dismissed or found innocent, it won't matter.

I hope I answered this as best I could. You should talk to your lawyer and see exactly what is happening and where you stand. If you can prove it was an innocent mistake, and more importantly you have really turned your life around and are a solid citizen, they will probably dismiss it and leave you alone. Good luck and let me know if you need anything else. And let the rest of us here on PTO know what happened!

dw

SouthernDaisy
10-31-2008, 08:49 AM
Thank you for all your info, dwfighterva.

Yesterday was my Court. I was found guilty. I got 2 years unsupervised probation, 90 days, but all suspended, and a $100 fine, plus court costs of course.

I called my PO as directed and advised her. I explained to her like the judge said it; with all my proof and documents of proving it was an honest mistake, he still found me guilty since I didn't pay it back in said guidelines by state law, etc.

She told me she had to call the commonwealth's office todand will call me back. I nkow since I was found guilty, she CAN violate me. So what happens next? Do I wait for her to call me? Will she tell me shes violating me and what she is wanting to happen, ex: jail time, etc.

And how does this process work? Does she issue a show cause? I have to wait to go back to court, and who approves for what she recommends for the violation. Will it be the judge? her? or the commonwealth? Sorry for all the questions. Im a nervous WRECK!!!!

Also, I know she told me before the court date, that she did write a letter to the commonwealth, I guess on what she recommends. Does that mean thats what they went by? Cause the judge DID go by what the commonwealth recommended, so did the commonwealth get their guidelines from my PO? (if that makes sense)

Thanks for anymore info.

ChristianLdy
10-31-2008, 10:13 AM
I don't have answers to any of your questions (I'm sure dw will check back and try to help, tho) but I just wanted you to know that I'm keeping you in my thoughts and wishing you the best of luck in all this. ~hugs~

P.S. - You may want to ask some of these questions in the legal forum, too. The people there might be able to help as well.

dwfighterva
10-31-2008, 02:41 PM
Thank you for all your info, dwfighterva.

Yesterday was my Court. I was found guilty. I got 2 years unsupervised probation, 90 days, but all suspended, and a $100 fine, plus court costs of course.

I called my PO as directed and advised her. I explained to her like the judge said it; with all my proof and documents of proving it was an honest mistake, he still found me guilty since I didn't pay it back in said guidelines by state law, etc.

She told me she had to call the commonwealth's office todand will call me back. I nkow since I was found guilty, she CAN violate me. So what happens next? Do I wait for her to call me? Will she tell me shes violating me and what she is wanting to happen, ex: jail time, etc.

And how does this process work? Does she issue a show cause? I have to wait to go back to court, and who approves for what she recommends for the violation. Will it be the judge? her? or the commonwealth? Sorry for all the questions. Im a nervous WRECK!!!!

Also, I know she told me before the court date, that she did write a letter to the commonwealth, I guess on what she recommends. Does that mean thats what they went by? Cause the judge DID go by what the commonwealth recommended, so did the commonwealth get their guidelines from my PO? (if that makes sense)

Thanks for anymore info.
You are really testing my brain on all this! LOL! First, I am glad they cut you a break in court. You really dodged a bullet. The fact they suspended everything is to make sure you don't get in trouble again or it will all come right back on you.

It is up to your PO and the CA what happens next. I am guessing they won't violate you but I have no clue since I am not a lawyer and still a little foggy how this works. No matter what, she will call and tell you what will happen. If they violate you to the point you have to go back in, she will just tell you to come on in and you are going back.

I really feel they gave you a second chance and are banking you will make it and be fine. Remember, with the budget cuts, they all are supposed to be looking at their probationers and figure who can be taken off sooner to help cut costs. Why not set yourself up as the most dependable person so they put you at the front of that line. :D

SouthernDaisy
11-02-2008, 10:40 AM
Thanks again for your info, dwfighterva!

I didn't hear anything back from the PO on Friday, so is this good or bad? Do they have a time table to do this in?

Also, for my orginal crime of the felony, I got all my sentance suspended, so I have never served any time. My felony I got 2 years all suspended, fines, court costs, 1 year probation supervised.

dwfighterva
11-02-2008, 02:35 PM
Sit tight and wait to hear from your PO. We could sit here and worry ourselves silly or give false hopes when it won't do any good either way. I wish I had a crystal ball and could tell you, but I don't. (Sure would come in handy with the lottery too.)

Hang tight girl, she will call you. In the meantime, picture yourself continuing outside, free and clear. Keep positive thoughts!!

SouthernDaisy
11-17-2008, 02:12 PM
Im a loss right now. I got word about 10 days or so ago that she was putting in my transfer and all was okay to go.

I get a call today, from her, saying that she called the commonwealth and they want her to write a letter ? (Im confused since something was already suppose to be wrote supposedly), and they are wanting to violate me ?? I go on Wed. December 3rd at 9am for my "1st appearance" as she called it. Thats all she really told me and said a lawyer can tell me what happens from then.

So is the violation already approved then? Im sorry if Ive repeated my questions, Im panicking of course.

She said it was because of the misdemeanor and me not paying my monthly payment on my fees; but I also got documentation that my stimulous check went to that, and I only have $400 owed, but she said somehow that is not showing up in the courts at all and doesn't count for nothing since I am still suppoe to pay monthly--when I admit, I haven't since tmes have been VERY tough.

Is this reason to have me pull time? I am soooo scared!!!!

Thanks for any advice/help.

dwfighterva
11-17-2008, 03:15 PM
If they violate you doesn't mean you will have to go and serve any time. If you have not talked to an attorney - DO SO NOW!! Also get proof that you did pay some money on your fines and fees, then come up with a plan to pay something each month. Here is how fines and court costs work. They will leave you alone as long as you have a payment plan set up but they won't release you off probation until your costs are paid.

Talk to a lawyer!!! Protect yourself

SouthernDaisy
11-17-2008, 03:17 PM
So what if I have over half or even all of it paid really soon? Like by December 20th? (my husband started a great job and makes over $3000 a month alone, so Im pretty sure we are gonan get this taken care of, he gets paid on the 5th and 20th of each month).

We jst moved, so getting the stupid paper will be a problem and I have no idea where to start. :(

SouthernDaisy
12-01-2008, 08:59 AM
I have my 1st appearance on Wednesday. This is my 1st revocation since being put on probation in April this year. And its over the $14 check issue.

Anyways, I called the courts to varify which court room it is in, and it is in the Circuit one (biggest one down here). I asked her if she coudl tell me if this is something I will be held on (as in jail until my next court appearance) and she said she didn't really know, its up to the judge. :(

I am scared sh*tless. What are the odds of them holding me you think? I know it depends on the judge and all, but do they look at the crime and how small/big it is, etc. ?

I was told by my probation officer this is the 1st appearance and they will basically ask me if I have a lawyer, get one on my own or one appointed, I have already put in the works to get my own and talk to one next week about all of this.

dwfighterva
12-01-2008, 04:37 PM
Yes, this first appearance is just to establish lawyer representation and it is best to have your lawyer go in with you. He can handle all the questions and watch your back while there. He knows the law and what can and can't be done.

A little side note, he really needs to argue that since you did pay it back, this needs to be dismissed and there is no real benefit of adding time or putting you into jail over this. The commonwealth's best interests lie in recognizing this was just a mixup and not a deliberate criminal action on your part. Get a lawyer NOW. I will cross my fingers for you.

dwfighterva
12-01-2008, 04:40 PM
Call the court and ask them where to send the money. Talk to a clerk there and tell her what you want to pay and how. This will really help you when you go before the judge on this.

SouthernDaisy
12-01-2008, 04:40 PM
Gaaah. See, thats what Im afraid of. I cant have my lawyer in there with me on Wednesday, he wants to be paid in FULL before he appears in court. We wont get our money until Friday (DH will get paid then), so yeah. *sigh*

Is that going to hurt me alot?

dwfighterva
12-01-2008, 04:51 PM
I hate lawyers. I truly do. LOL! Usually if you talk to them and explain the circumstances, they will work with you like take some now and a promise of the rest at a certain date. If you have to go in by yourself, have everything in order, who he is, etc. Be alert and intent on what the judge says. Nothing ticks them off more than people who are unprepared. It makes them think they don't care and you can just see it on their face.

Now, I strongly doubt they will hold you over. Look at it this way, if they thought you were that dangerous, you would have been picked up and held for this. They have not done that, you have been allowed to live your life and be productive. Paint yourself in the best light; pay the fines and costs from before. You will have some time between now and when they set the court date for your hearing. Get busy!!

myersp0870
12-01-2008, 07:17 PM
I made a post here a while back, not sure what happened, but I think you should pay what ever you can prior to court and if you haven't paid it all, possibly have the balance the day of court. Like dwfighterva said, call the clerks office and they can give you any information you need. Good Luck!

SouthernDaisy
12-02-2008, 07:24 AM
OKay. I have a question again.

We will get paid on Friday, my court is tomorrow. Should I offer to see if my lawery can be there tomorrow and him get paid by latest on Saturday, just to have him there and maybe say this and that, OR should I pay alot on my fine and almost have it paid off? Which looks better?

I obviously can't pay both, but by the 20th or a few days after, everything should be paid and on track (paydays are the 5th and 20th of each month).

I guess what Im asking is, should I pay my fine and be done with it, and just get a court appointed attorney tomorrow, or still go with the plan of getting my own lawyer and paying him and waiting til the next paycheck on my fines entirely (will be 100-90% paid off depending on pay).

dwfighterva
12-02-2008, 07:08 PM
Tomorrow is just to show you have an attorney, but if he can go with you that is better. They probably won't set your date before the 20th so I would say you can wait on paying the fines until then. With backlogs and the holidays, I would say you won't go in before January.

Now, you can only qualify for a court-appointed attorney if you have no money and no assets above a certain amount. Whether or not you qualify I have no clue. If you can afford one, then get him! It is always better to have someone fight for you than push you through the system faster. Chances are you won't officially need him tomorrow, but what if you do?

SouthernDaisy
12-03-2008, 01:22 PM
Im back and home obviously.

Today was just to see if I needed a laywer and lawyer status like I figured. I feel MUCH MORE confident tho. I dont go back til Jan 14th, not sure if that is sentancing yet or not, but even tho I have to go back, I still feel good, since Im getting my OWN lawyer, and because from what I seen today, mine is NOT bad at all and almost all the others were there for much more worse crimes than a $14 mistakened bad check, and were sent home, and then back in again for trouble.

dwfighterva
12-03-2008, 06:37 PM
Yippee skippy!!! Now you can get the lawyer and get things ready for January 14!!!

- doing happy dance -