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Missouri General Prison Talk, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Missouri that do not fit into any other Missouri sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 11-15-2019, 03:37 AM
DownWithHer DownWithHer is offline
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Hey Dennis Here. First time being on this side. My girl received a 5 on a possession charge they gave her probation while on probation caught another possession charge with a 4 they run them together and did a 120 on it and got out and violated and sent her back. would they consider that the first time down or second?
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Old 11-15-2019, 05:05 AM
studebaker71 studebaker71 is offline
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What’s a 5 and a 4 mean?

I would say they come at her as a second time? Don’t know what they do in Missouri but possession charges in Cali unless it’s volume aren’t the same as other places like Missouri.
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Old 11-15-2019, 06:31 AM
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If they gave her probation the first time, then that would be considered her first time down. While on probation, you are still considered "in custody" and are still "serving a sentence."

So the second time, would be her second time down, even if it's her first time actually in prison.

I'm sorry for you having to deal with this. Welcome to PTO - you've found a soft place to land.
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Old 11-15-2019, 08:15 AM
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Quote:
Originally Posted by studebaker71 View Post
Whatís a 5 and a 4 mean?

I would say they come at her as a second time? Donít know what they do in Missouri but possession charges in Cali unless itís volume arenít the same as other places like Missouri.
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Old 11-15-2019, 08:38 AM
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Thats what I was thinking also going to see her today. She is thinking first time. Should I tell her its probabaly the second? Its a tough call. I appreciate the input
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Old 11-15-2019, 10:25 AM
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Welcome to Prison Talk. Her lawyer is the person to ask, and to work on having her violation counted as her first one.
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Old 11-15-2019, 10:41 AM
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Second, sorry. I hope all goes well.
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Old 11-15-2019, 10:43 AM
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Welcome to PTO sorry to hear of your situation but there is help and good advice here.
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Old 11-16-2019, 06:28 AM
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Thats what I was thinking also going to see her today. She is thinking first time. Should I tell her its probabaly the second? Its a tough call. I appreciate the input
I believe in telling people to brace for the worst and hope for the best. I think it's worth telling her that it's possible that it will count as her second time down, but that it will depend on the prosecuting attorney, defense attorney and judge, and it may be that it will end up only counting as the first time. At least then she can be mentally prepared for it, instead of being caught flat footed, but also has some hope that it might not turn out that way.

That's my personal take on it. I would hate to get bad news and later find out that someone I trusted knew it was a possibility all along and didn't warn me. It would feel like a violation of trust to me, even if the person was actually trying to protect me. But that's also the kind of person I am - I want ALL the info, even the bad stuff, so I can set my mind on the problem and see if I can find a way around it.
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Old 11-17-2019, 05:53 AM
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Your exactly right all I had to do was turn it around and see how I would have felt and I would have had the answer I might have some good news to go along with it I read up on MO. HB 192 if im understanding it correctly she will be eligible. she was sentenced on 8/5/2019 on her last one just under the wire
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