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Probation, Parole & Supervision Having problems (or need info) with Probation, Parole or Community Corrections & Supervision?? Lets talk about it here.

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  #1  
Old 01-07-2018, 09:57 PM
G_Edward_2nd G_Edward_2nd is offline
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Default Trying to help a friend prepare

Seeking advice from Kentucky.

I have a very close friend who was picked a little more than a week ago. Five charges, all 1st degree felonies, all 1st offenses. I bonded them out as quickly as I could as soon as I learned what happened. I spoke to some attorney friends and have studied a little online. My attorney friends have mostly the same opinion. Five 1st degree felonies, no victims, all 1st offenses; probably going to be probation (no guarantee, but a decent probability).

When I picked her up and she had been given time to calm down, I explained what was probably going to happen. I made a list of things she needed to prepare for and things she could begin doing proactively to demonstrate her willingness to play ball and help ensure probation and get on the good side of this immediately.

1. Get a real "punch a clock" job right away you can walk to. (She's a brand ambassador/handing out leaflets at events type and travels out of state fairly often for events for several different agencies and that kind of job probably won't work for the PO. Also, she was picked up in a car she bought over the summer but didn't register with no license and no insurance)

2. Find a place to live where a PO can show up any day of the week without any (or little) notice and find you there and be able to talk to the people you live with if there are any. Probation is probably going to last at least a year and maybe more. So find a place you know you can stay at for at least that long. (She's currently, by definition, homeless. Known her for more than two years and she's never had a place and lives on the kindness of others letting her stay here and there for a few weeks at a time)

3. Immediately call drug counselling and go or, at the very least, find a weekly narc-anon meeting to attend and document it.

4. Identify the "Who, What, Where" in your life that can get you back in trouble or get you near trouble and avoid them.

5. Probation isn't a vacation. It's jail on the outside. Life as you knew it is effectively over and you need to quickly set yourself up for success. One violation, one time in the wrong place in the wrong time, and you may find yourself back in jail for the duration of your sentence. (When I said this to her, she replied, "Then why is everyone telling me that I'm going to be okay??" I told her she'll be okay because she won't be in jail but most of what she has known as her life of the past is going to have to be different if she gets probation)

Am I missing anything? Too much? Not enough? I really appreciate any advice you can give me to pass along. This person is important to me.
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Old 01-07-2018, 11:48 PM
GaReform GaReform is offline
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Quote:
Originally Posted by G_Edward_2nd View Post
Seeking advice from Kentucky.

I have a very close friend who was picked a little more than a week ago. Five charges, all 1st degree felonies, all 1st offenses. I bonded them out as quickly as I could as soon as I learned what happened. I spoke to some attorney friends and have studied a little online. My attorney friends have mostly the same opinion. Five 1st degree felonies, no victims, all 1st offenses; probably going to be probation (no guarantee, but a decent probability).

When I picked her up and she had been given time to calm down, I explained what was probably going to happen. I made a list of things she needed to prepare for and things she could begin doing proactively to demonstrate her willingness to play ball and help ensure probation and get on the good side of this immediately.

1. Get a real "punch a clock" job right away you can walk to. (She's a brand ambassador/handing out leaflets at events type and travels out of state fairly often for events for several different agencies and that kind of job probably won't work for the PO. Also, she was picked up in a car she bought over the summer but didn't register with no license and no insurance)

2. Find a place to live where a PO can show up any day of the week without any (or little) notice and find you there and be able to talk to the people you live with if there are any. Probation is probably going to last at least a year and maybe more. So find a place you know you can stay at for at least that long. (She's currently, by definition, homeless. Known her for more than two years and she's never had a place and lives on the kindness of others letting her stay here and there for a few weeks at a time)

3. Immediately call drug counselling and go or, at the very least, find a weekly narc-anon meeting to attend and document it.

4. Identify the "Who, What, Where" in your life that can get you back in trouble or get you near trouble and avoid them.

5. Probation isn't a vacation. It's jail on the outside. Life as you knew it is effectively over and you need to quickly set yourself up for success. One violation, one time in the wrong place in the wrong time, and you may find yourself back in jail for the duration of your sentence. (When I said this to her, she replied, "Then why is everyone telling me that I'm going to be okay??" I told her she'll be okay because she won't be in jail but most of what she has known as her life of the past is going to have to be different if she gets probation)

Am I missing anything? Too much? Not enough? I really appreciate any advice you can give me to pass along. This person is important to me.
I would also have her get together anything positive she's done- volunteering, had a job or been in school, church connections, etc. Anything that shows good character & responsibility. If there are community members, employers,family & friends that will write character letters, she can talk to her attorney about that. Having a strong support system & solid foundation might be a plus to show she's not a risk. Does she qualify for 1st Offender status?
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Old 01-08-2018, 04:41 AM
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Welcome to Prison Talk. If she follows the advice here, she will have a much better chance to avoid prison altogether, but she still needs to hire her own competent lawyer to represent her in front of the sentencing judge.

Probation often quickly turns into a quick trip to prison for those who don't take each and every restriction seriously. Not just initially, but every day until she is released from probation since a violation on the last day is no different than if it occurred on the first one. She will probably hate some of her rules, and maybe even her PO too, but if she doesn't take probation very seriously, it will be a huge mistake.
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Old 01-08-2018, 08:12 AM
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Just to clarify - state charges are degreed, felonies are class D, C, B, A with A being the most severe. So saying 5 first degree felonies isn't saying much. If there are 5 class D felonies, then probation may be an option. However, 5 class B or A felonies is prison time.

She needs an attorney to advise her and represent her. Probation will depend on the charges, remember there are 5 of them, not 1.
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Old 01-08-2018, 09:12 AM
G_Edward_2nd G_Edward_2nd is offline
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Originally Posted by sass4221 View Post
Just to clarify - state charges are degreed, felonies are class D, C, B, A with A being the most severe. So saying 5 first degree felonies isn't saying much. If there are 5 class D felonies, then probation may be an option. However, 5 class B or A felonies is prison time.

She needs an attorney to advise her and represent her. Probation will depend on the charges, remember there are 5 of them, not 1.
Right, sorry. These are all class D felonies in Kentucky.
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