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  #1  
Old 09-05-2009, 02:31 PM
llpadilla llpadilla is offline
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Default Can I still be violated?

I have a question... I am on felony probation in Idaho. I got a new charge, which I did not do. BUT, my public defender and the prosecutor convinced me to make an Alford plea and assured me I would not get violated on my probation if I did so. Well, of course I got violated. So, I have withdrawn the Alford plea and the prosecutor is dismissing the charge. But now my probation officer says she is stil violating me on it and she is going to make sure I go to prison for it. Can they still violate me if the charge that triggered the violation got dismissed? My attorney seems to think they might be able to, but he doesn't know. I have no other violations or issues with my probation. I have been an honest probationer and have follwed all the rules. The reality is, my probation officer is just frustrated that she requested for them to revoke my probation for this charge and instead, the charge got dropped.
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Old 09-05-2009, 02:49 PM
aba aba is offline
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I think if the charge got dropped then you probably haven't done anything 'revokable.' But this is just my opinion, I'm not a PO or attorney so I really don't know but if you're innocent, doing everything you say you are as in being a good probationer then I recommend you get a good attorney because if the PO is intent to send you to prison then you may have a bit of a fight on your hands. Since it's not a full trial and/or new charges it shouldn't be very expensive but I would definitely start calling the best lawyers in your area on Tuesday (Mon. is a holiday) and have someone ready to go before a judge and get a release order or do whatever is in their power for you should you get picked up. Congrats on being a good and honest probationer but stay FAR AWAY from any trouble lest anyone confuse you and you end up catching new charges again, dismissed or not dismissed I would lock myself in the house except for work, school, church, and checking in with the PO. I wouldn't even have a beer in the house whether you're allowed to or not, especially if you know the PO is looking to violate you. But if you've been a good and honest probationer, why does the PO have it out for you? Good luck but get a PRO-ACTIVE attorney so they can better deal with this while you're out and not in county waiting around weeks for a hearing. Just my humble opinion and again, all the best.
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Old 09-05-2009, 03:35 PM
llpadilla llpadilla is offline
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Quote:
Originally Posted by aba_in_elpaso View Post
I think if the charge got dropped then you probably haven't done anything 'revokable.' But this is just my opinion, I'm not a PO or attorney so I really don't know but if you're innocent, doing everything you say you are as in being a good probationer then I recommend you get a good attorney because if the PO is intent to send you to prison then you may have a bit of a fight on your hands. Since it's not a full trial and/or new charges it shouldn't be very expensive but I would definitely start calling the best lawyers in your area on Tuesday (Mon. is a holiday) and have someone ready to go before a judge and get a release order or do whatever is in their power for you should you get picked up. Congrats on being a good and honest probationer but stay FAR AWAY from any trouble lest anyone confuse you and you end up catching new charges again, dismissed or not dismissed I would lock myself in the house except for work, school, church, and checking in with the PO. I wouldn't even have a beer in the house whether you're allowed to or not, especially if you know the PO is looking to violate you. But if you've been a good and honest probationer, why does the PO have it out for you? Good luck but get a PRO-ACTIVE attorney so they can better deal with this while you're out and not in county waiting around weeks for a hearing. Just my humble opinion and again, all the best.
I have already been arrested for the violation and bonded out. I actually have a good public defender for the violation, and the prosecutor on the violation already made an offer of reinstatement if I was found guilty of the new charge. So of course everyone is trying to railroad me into just taking the deal, blah blah blah. The more I argue against it, the more frustrated they get with me. But it is MY future, and I am working very hard to do a clean probation so I can possibly get it expunged in the future. My probation officer apparently feels that I AM guilty of the crime, and she thinks the prosecutor is just being lazy by not taking it to trial. Truth is, she did everything she could to prosecute and in the end, the prosecutor told me "you don't deserve this" and said she is going to motion to dismiss at our next hearing. Basically, the PO is just a very brusque, domineering woman who is having issues with a lot of her probationers and I think she is just fed up with everyone. Thanks for the advice. I really appreciate it.
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Old 09-05-2009, 03:46 PM
aba aba is offline
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Looks like you're doing the right things and that you are fortunate to have a good pub defender and a fair and reasonable prosecutor. You should perhaps suggest to your attorney to mention to the prosecutor the manner that the PO is dealing with you. If you really are doing the right things and I believe you are, then you shouldn't be targeted unfairly or have to look over your shoulder for everything and anything. Maybe the prosecutor can speak to the PO and let her know that he/she feels you're doing well on probation and it's not necessary to make things harder then they need to be, or perhaps your attorney can do that. Nonetheless keep doing the right thing, and something I read on PTO from member FEDERAL PO referred to the, "my client keeps me so well informed i'm sick of him/her" doctrine. I brought that up to my pre-trial services officer because I think I'm one of those people. He said he'd rather be sick of me being so communicative and doing the right thing then being shady and/or trying to evade him. In my case, I really like my pre-trial officer because he is strict but fair, and encouraging and supportive. Don't get me wrong, if I screw up the judge and prosecutor will know it, but if I continue, like you, to really try to get my life turned around and do all the right things I'm hoping that will work in my favor when I go before the judge as well. But even if it doesn't, I still have the peace of mind to know I'm doing the right things and that my life is better today then when it was for a long time before I was arrested. I wish you all the best and continued success.....it looks like your situation is especially challenging but whatever doesn't kill you makes you stronger, right? Keep up the good work but with all due respect, don't catch anymore BS charges, whether you're guilty or innocent.
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  #5  
Old 09-05-2009, 03:51 PM
llpadilla llpadilla is offline
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Thanks for the support. I know exactly what you mean about contacting the PO too much. My federal officer is wonderful, and I call him all the time to get his input on things and let him know what is going on with this. He has refused to violate me on it because he believed I was innocent and he convinced the federal prosecutor to wait on a violation until I was actually sentenced. It's amazing how two different PO's can be so opposite when I do the same thing with both of them.

Oh, and a word of encouragement. I had my federal PO as my pre-trial officer and I avoided prison time altogether because I did everything I could to turn my life around before I got sentenced. Sounds like that is exactly what you are doing. It worked for me, so here's a prayer that it works for you, too
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