View Full Version : Level 3 Probation


myfreedom2010
01-13-2011, 02:12 PM
Okay I need some assistance - I am up for a recommendation of a level 3 probation in the State of Virginia - I didn't get to talk to my PO too long last night b/c she is trying to get back to all of her caseloads and she wanted to quickly let me know that we are scheduled to meet in her office at the end of the month to talk about this recommendation:D

So does anyone know about this type of probation - I have been on probation for a year next month and I am on "indefinite supervised probation" so I am thinking this is a good thing:confused::rolleyes::)

Any help is much appreciated!:thumbsup:

myfreedom2010
01-31-2011, 01:15 PM
Well I went to see the Deputy Chief of Probation on Friday and they are going to recommend me for Level 3 when my PO gets back from medical leave!!!!:thumbsup:

This means I will go down a level in probation and have to just call in - instead of visiting the office and having home visits. Will still have to comply with other terms and conditions of parole but heck this sure beats prison!:D

So we will see - I am excited about this downgrade!!!!:thumbsup:

dwfighterva
01-31-2011, 04:10 PM
Steph, that is great news!! Even though you have indefinite probation, your probation officer can let you off earlier as long as he can justify it. By working fulltime, making restitution, paying court costs and fines, etc., that all helps. I know you won't need this but just in case someone else comes along later and wants the answer - if your original sentence was suspended based on that long probation, if you offend for any other reason, they can put the suspended time back on.

Congrats on the downgrade!!

myfreedom2010
02-01-2011, 11:12 AM
Steph, that is great news!! Even though you have indefinite probation, your probation officer can let you off earlier as long as he can justify it. By working fulltime, making restitution, paying court costs and fines, etc., that all helps. I know you won't need this but just in case someone else comes along later and wants the answer - if your original sentence was suspended based on that long probation, if you offend for any other reason, they can put the suspended time back on.

Congrats on the downgrade!!

Actually I have "good time behavior of 20 years" over my head - not the entire 120 years - so with that said Yeah 20 years is a long time too:D but if I am good and don't get any new charges or violate in the now next 17 years - the suspended time will be removed for good!:thumbsup:

VA PO2
03-10-2011, 02:55 PM
:thumbsup:Congrats on making level 3. Hope everything goes smoothly and you can soon be released from supervision and go on your way. I don't want to rain on your parade, but knowledge is power. Please check your Court Order: if the judge suspended your sentenced based on good behavior for 20 years, that means that in the next 20 years you can be returned to court for cause and all of your suspended time could be revoked. While still on probation you can be returned on technical violations. Once you are successfully discharged from supervision, the only way your case would ever go back to court on a violation would be is your were convicted of other crimes - which I am sure will not be the case. Just make sure you understand the wording of the suspended time and what it means - since I can't see your court order I can't say for sure. I can only say that this is the wording generally used by Va Courts and how it works.

Onedaycloser13
03-10-2011, 03:18 PM
I didn't know that you could go down in supervision while on "indefinite probation"...wow not much but maybe something to look forward too.

VA PO2
03-10-2011, 05:31 PM
Most probations in VA are "indefinite." There are some courts that do set a specific amount of time on supervision, but that is pretty much also indefinite. PO's will try to get a probationer discharged in 12-18 months if all conditions have been met. Some courts will not grant a discharge while costs or restitution is still owed. All probationers can move through various levels of supervision. Violent offenders can expect to be on intensive supervision and maybe gps (definite if sex offender). All others start out reporting once a month and supervision will be reduced as the probationer does well and the PO gets to know him/her. Many can get to reporting once every 3 months, phone-ins or robo-cuff. Generally speaking, the PO will not be requesting a discharge if the probationer is not doing well enough to be moved to a lower level of supervision.

myfreedom2010
03-14-2011, 02:01 PM
Most probations in VA are "indefinite." There are some courts that do set a specific amount of time on supervision, but that is pretty much also indefinite. PO's will try to get a probationer discharged in 12-18 months if all conditions have been met. Some courts will not grant a discharge while costs or restitution is still owed. All probationers can move through various levels of supervision. Violent offenders can expect to be on intensive supervision and maybe gps (definite if sex offender). All others start out reporting once a month and supervision will be reduced as the probationer does well and the PO gets to know him/her. Many can get to reporting once every 3 months, phone-ins or robo-cuff. Generally speaking, the PO will not be requesting a discharge if the probationer is not doing well enough to be moved to a lower level of supervision.

Hi there - on Friday we did my paperwork for level 3 recommendation - my PO stated that generally you must have everything paid in full to come off active probation but in my case I will never pay the restitution of in my life time!:eek:

She told me that in another year I should contact the original PO's office - where my charges were and see about their recommendation for this - however she believes I will be on for 3-5 years active probation and than hopefully the PO office where my crime was committed will recommend me coming off "indefinite" supervised probation...

As far as the "good time" this is how I think it was told to me the day I was released...I had always assumed I had 117years over my head....The PO that did my processing the day I was released (I went from prison directly to the PO's office) - he told me that I have what is called "good time behavior" over my head for the duration of my first count - which was 20 years - what I think he was saying is that if I don't get into trouble for the next 17 years (at the time it was 17yrs) than the remaining time would no longer be held over me??? Now don't get me wrong 17 years vs 117 years in my opinion is really no different....LOL....

My sentencing report shows

120 years
117 suspended
3 years active

"indefinite supervised" probation......

Thanks

myfreedom2010
03-14-2011, 02:05 PM
I didn't know that you could go down in supervision while on "indefinite probation"...wow not much but maybe something to look forward too.

Actually it is a lot to look forward too!:D Right now I have to report in the office and she comes out to my home for home visits- so level 3 reduces me to telephone communication a lot less of "reporting" in my opinion!:D Of course I am still subjected to the probation conditions but I am already following them so....Yeah!:D

I scored so low on the evaluation that I was over qualified for the level recommendation! LOL:D

I should know something this week - the Deputy Chief of Probation reviews and signs off this week!!!!!:thumbsup:

Onedaycloser13
03-14-2011, 04:34 PM
Congrats for a lower level....I will just be happy to have him out. It has been in 4 years so far, and I think he is willing to do whatever as long he gets out of there and stays out. When I told him the other night, he was relieved to know that things can get a little better. Might take years and years, but there may be light at the end of the tunnel. There is so much uncertainty in getting out.....all the preparations. It seems more stressful than being in, and I haven't even gotten to a year yet. LOL!

myfreedom2010
03-15-2011, 07:06 AM
Congrats for a lower level....I will just be happy to have him out. It has been in 4 years so far, and I think he is willing to do whatever as long he gets out of there and stays out. When I told him the other night, he was relieved to know that things can get a little better. Might take years and years, but there may be light at the end of the tunnel. There is so much uncertainty in getting out.....all the preparations. It seems more stressful than being in, and I haven't even gotten to a year yet. LOL!

Trust me the "not feeling like you belong" set in for me within two days of my release - I went into a "retreat" like feeling - I wanted back in prison!!!!:thumbsup: I was scared and I though that was where I belonged - I had gotten use to the "prison life" - but I snapped out of it - my mom helped me and my bf who I have now been with for over a year got me through it!!! I had to move and start a new life - there were too many sad memories in Central VA for me!:o

He will do just fine - tell him not to get his "hopes" up - tell him to take up to 60-90 days to adjust - get his life back to the "real world" - job hunting will be rough - it was for me but I landed a job within 6 weeks of my release....I was in the hospital twice - over $20k in bills - but due to my "indigant" status I got the majority of them written off! There are a lot of things he can get assistance with - I got food stamps until I go my job - I went and applied for health care at VCU and got approved for medical/dental....Again lots of benefits oh yeah and the tax credit employers get for hiring felons!!!:thumbsup:

Let me know if you ever want to chat - PM and we can talk - btw when is he due to be released????

Take Care

myfreedom2010
03-15-2011, 08:23 AM
Well I just got a call from my PO and I have been approved to a level 3!!!!! This is telephone reporting.....YIPPPEEEEEE.....I am soooooo excited...

This is a huge - I mean huge drop in probation for me! I am truly happy I got it - next step will to be to come of "indefinite probation" - of course that will be some time from now so I am happy to be on this form of probation!!!!!!!

Thanks for letting me share this wonderful news!:thumbsup::D:thumbsup::D

VA PO2
03-16-2011, 04:53 PM
If all of your 117 year suspended sentence was suspended conditioned on good behavior for 20 years, that would mean that any or all of the suspended sentence could be imposed during that 20 year time frame if you were not of "good behavior." Once the 20 years is up then you would no longer be under a susp sentence.

If you owe a gigantic amount of restitution, set up a payment plan and stick with it. Some judges will let you off probation still owing restitution if you have complied with supervision, made regular payments and the business you owe will agree to a discharge providing you continue to make payments. They can notify the Comm Attorney if you stop making payments and the Court can issue a warrant. This was done a lot back in the 80's with welfare fraud cases. Will depend on the judge, and might also be something you want to get an attorney to help with later on. Good luck.

VA PO2
03-17-2011, 08:11 PM
Oh yeah, they can also move you to unsupervised probation, where your PO would just monitor your restitution payments and run a yearly record check.

myfreedom2010
03-18-2011, 07:56 AM
Oh yeah, they can also move you to unsupervised probation, where your PO would just monitor your restitution payments and run a yearly record check.

Thanks for the info - that is what I thought with regards to the "good time behavior" - in that remaining time of my first count of 20 Years (now 16 years) if I violate they can bring back all the suspended time....that is what I thought - still I am not violating EVER!!!! I learned my lesson...

So question - what do you think is a good time frame to ask for the recommendation to come off "indifinte supervised probation" - my PO and I talked and we thought around the 2nd or 3rd year of probation? I don't want to "rush" it if you know what I mean - level 3 is fine with me....

I was told that I can ask the original county PO office where I was charged to see about doing this and if they don't want to comply I can always go before the Judge w/o their approval however I would really want the recommedation from the PO's office before I go before the judge....what do you think?

I have been on probation just over a year - my court costs/fines will be paid in full in September - however my restitution will NEVER be paid in my life time.....

Thanks for the advice....

VA PO2
03-18-2011, 05:25 PM
I think your PO's estimate of 2-3 years sounds right. It sounds like from previous posts that you are a first offender with property convictions; your PO would probably try to get you off after about 18 months except for the gazillion dollars you owe in restitution, which will keep you on longer. When your PO feels the time is right, he/she will write up a discharge request and send it to P&P that handle the Court you were convicted in, and they will submit it to the judge. He will approve/disapprove. You don't have to return to court, it's all handled by paper.

myfreedom2010
03-21-2011, 09:22 AM
I think your PO's estimate of 2-3 years sounds right. It sounds like from previous posts that you are a first offender with property convictions; your PO would probably try to get you off after about 18 months except for the gazillion dollars you owe in restitution, which will keep you on longer. When your PO feels the time is right, he/she will write up a discharge request and send it to P&P that handle the Court you were convicted in, and they will submit it to the judge. He will approve/disapprove. You don't have to return to court, it's all handled by paper.

Thank you for this information - I know if it wasn't for the "gazillion" dollars in restitution I would mostly be off soon but you do the crime - you pay the time!:thumbsup: I am okay with Probation - some ex-felons really fail to realize how much better off they are on Probation/Parole than prison - I can't figure for the life of me who would ever want to go back to Prison!:eek:

t2britton
03-30-2011, 10:23 AM
congrats