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  #1  
Old 08-30-2011, 07:03 PM
phillychad phillychad is offline
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Exclamation What EXACTLY is she being HELD for!?!

Hello, my name is Chad... New to this site but have already found some helpful info. I read where you guys like it when a post gets to the point... So here goes...

My wife and I were picked up on 8/21/11 Traffic stop, due to warrants we were arrested.

In 2001 we were found guilty of THEFT, UNLAWFUL TAKING and sentenced to Probation/restitution in the approx amount of 24 grand split between the two of us. (12 for me 12 for her)

2003 She violated (failure to pay) and sentenced to 3-23 months for which she served 5 1/2... released (paid a chunk)

2006 Violated... Failure to pay... Served a few day and put on HOUSE ARREST for 4 months... She walked away 1st day...

We have been "on the run" since last Saturday...
We each still owe approx 10 grand...
I was ordered to pay 3 grand, verifiable address and released with the condition I pay 200 per month till the amount is payed in full... NON REPORTING.

Obviously her's is a bit different due to the "ESCAPE" charge...
We both stood in front of the same judge and was told by the Public Defender that the Judge will NEVER issue bail for her...

He did... 25,000.00 at 10% $2,500 to be applied towards her restitution... Even the PD was surprised. Judge's words... "You BETTER appear before me on your court date"...

My Father promptly went to the Jail to bail her out and they would NOT release her... I don't know if its a detainer or what but all I can find out is that the Jail said she owes us somewhere in the neighborhood of 28 months...

As it stands now... She is still in Jail, has a court date next month and obviously everything is falling apart out here for her... She is about to lose her job and therefore will NOT be able to pay them anything. (ok, Im done complaining, our fault, I know)

Spoke to a Lawyer yesterday, was told that for approx 5 grand he can get the court date moved up and possibly have her out in a few days... Also, he said it would help if she payed off the rest. Well obviously we have an issue with money so not only is it hard to raise the 5grand retainer but paying off the approx. 10 grand is impossible...

So I suppose my question is... Is there ANYTHING I can do on my own? What kind of time is she facing? The public defenders told her nothing. The jail cant give a straight answer. Is there any hope? Is it possible the judge made a mistake? She re-applied for probation and when I called they said she doesnt even have a po yet.. Isnt the probation office the ones with the detainer? Im SO confused... Please understand that while this indeed was my crime, I have little knowledge of the legal system? I was issued something called presumtive parole and have NO idea what even that means? All I know is I send them what they asked for and Im ok... What if anything can be done for her? If I can answer ANY question that might help , PLEASE ask as I am praying for just a little help... BTW, how does one find a Pro Bono lawyer? Thank you SO VERY much! Chad
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Old 08-30-2011, 07:27 PM
Kuha Kuha is offline
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She violated three times?
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Old 08-30-2011, 07:32 PM
Kuha Kuha is offline
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If so the best thing to do is to get her a lawyer because if u dont they will keep reseting her court date. If u want a bond for her its also best to get a lawyer because you will most likly hav to convince the jugde to give her another one. My boyfriend is going through the same thing and seven mouths has past an he still have no bond. I wish u guys all the best.
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Old 08-30-2011, 07:38 PM
yourself yourself is offline
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yeah, there's probably a detainer on her. Chances are, she picked up an escape charge PLUS the original, underlying charge and probation revocation. So, she went to court on the one, and got bail, but not on the other. Bet probation/parole is in the process of revoking her. So, two charges, two courts, two bails.

Throw in the failure to pay, and there are 2 reasons to revoke, plus the new escape charge. She's not going to get out. Bail was just an effort to get restitution for the one case.

What can you do? Nothing. If you don't have the money for an attorney for the charge, and another for the revocation, then there's very little chance you're going to be able to come up with the full restitution, or the total bail, if any. Instead, expect that she's going to go away for however long on at least the revocation, since she's demonstrated a determination to not bother with Court orders.

So, in the end, keep her spirits up, visit her, put some money on her books (knowing that some of it's going to be used to pay off her restitution), and encourage her, when she gets out, to actually adhere to the Court's orders, go to court when required, and not skip out. It's very difficult to overcome a 10 year history of failing to cooperate with the Court.
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Old 08-31-2011, 05:35 PM
phillychad phillychad is offline
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Thank you... Well, not that its an excuse BUT it is... She had a history of Drug use and has been clean going on 7 years... So the difference this time is that she is WELL AWARE of the possibilities if that makes sence...

I have since spoken to an attorney... One wants 5 grand, the other... 2500... BOTH reccomended I pay the full 10 grand rest. on the case but that isn't happening... I might be able to afford the 2nd lawyer plus raise half the restitutuion...

You cant escape the past but Im praying that the court knows people change... Thanks again.
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Old 08-31-2011, 06:07 PM
yourself yourself is offline
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Quote:
Originally Posted by phillychad View Post
Thank you... Well, not that its an excuse BUT it is... She had a history of Drug use and has been clean going on 7 years... So the difference this time is that she is WELL AWARE of the possibilities if that makes sence...

I have since spoken to an attorney... One wants 5 grand, the other... 2500... BOTH reccomended I pay the full 10 grand rest. on the case but that isn't happening... I might be able to afford the 2nd lawyer plus raise half the restitutuion...

You cant escape the past but Im praying that the court knows people change... Thanks again.
I'm glad she's been clean for 7 years. I hope this doesn't cause her to doubt her sobriety. I also hope it means that she's ok with the amends necessary to clean up her past. While the Court will be pleased to hear she's clean and sober, they will note that it's been 7 years, and no attempt to make a payment has been made, so sobriety is great, but it didn't come with taking responsibility and clearing up past actions. I'm saying this to be cruel, just so that you know what's going to be said by the Courts. Hopefully, you can prepare her for this blow, and she can deal with this and any other remnant from her past that may intrude on your lives today.

FWIW, what's important to the Court is the attempt to make restitution. If you can't make the full amount, pay as much as you can, and then make payments. Those payments can be whatever - including the change in your pocket every week. That you're making the effort means a lot. If she had made an effort, or tried to deal with the Court before the law caught up to her, then you could expect the Court to be more understanding.
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