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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 01-22-2010, 10:43 AM
Indy_Donkey Indy_Donkey is offline
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Default Community Corrections Violation ?

Hi, I'm new here and will try to give the most information regarding my situation...

In 2009, I was convicted of DUI (2nd) in Indiana (D Felony) and sentenced to 270 days served through Comm Corr and 275 days probation. In December, I got a call to take a random UA, but I had just taken prescription painkillers just prior because of a severely painful abcessed tooth. I have heard nothing from my case manager and Monday will return to Comm Corr to be released from Home Detention and (hopefully) start my probation sentence. I have been 100% compliant prior to this incident. What should I expect when I go to return my equipment on Monday?

Thanks in advance!
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  #2  
Old 01-22-2010, 10:53 AM
VA PO VA PO is offline
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You should expect nothing out of the ordinary. If you has a script for the painkiller, bring it with you in case you are questioned about being positive for opiates.
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  #3  
Old 01-22-2010, 11:34 AM
Indy_Donkey Indy_Donkey is offline
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No prescription. My gf had gotten a few from her friend after seeing me in excruciating pain and not being able to sleep properly for a few days.

I called my attorney and got the typical "anything from A-Z can happen" answer that I've come to expect from attorneys (not that that's a bad thing, I just hate not knowing what to expect).
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Old 01-22-2010, 11:53 AM
VA PO VA PO is offline
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Well, in that case, you did violate. You need a valid script written for you. If the test is positive for opiates, it could be interpreted as anything from vicodin to heroin, depending upon the test used.
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Old 01-22-2010, 02:06 PM
Indy_Donkey Indy_Donkey is offline
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VA, is there any info you can provide me as to the range of possible consequences that could come from a first time "technical" violation? Or is it just self-explanatory that it could vary from a warning to full revocation of my probation?

Last edited by Indy_Donkey; 01-22-2010 at 02:07 PM.. Reason: just wanted to add that the 2 DUI's are my only convictions...
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Old 01-22-2010, 02:26 PM
VA PO VA PO is offline
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As always, it could run the entire gamut. It sounds like you'll have a violation straight out of the gate, which is not good. That shows, whether you fall in this category or not, a lack of caring about probation. That is how the Courts will perceive it. This sounds like it may not have been your intention, but that is the spot you are now in. In VA, the consequence would almost certainly entail more jail time.
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  #7  
Old 01-22-2010, 02:47 PM
Indy_Donkey Indy_Donkey is offline
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Quote:
Originally Posted by VA PO View Post
As always, it could run the entire gamut. It sounds like you'll have a violation straight out of the gate, which is not good. That shows, whether you fall in this category or not, a lack of caring about probation..
In regards to "violation straight out of the gate" I'm not sure I mentioned that the Community Corrections that I was sentenced to was home detention. So, I've served 9 months of home detention without having an issue until this. I just wanted to clarify that and see if your opinion remains the same... Your wording somewhat confused me, I guess because I don't consider this being right out of the gate.

Last edited by Indy_Donkey; 01-22-2010 at 02:55 PM.. Reason: I see I did mention that...
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  #8  
Old 01-22-2010, 03:42 PM
VA PO VA PO is offline
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Yes, but you said that your probation had not yet begun, right? So, if I am interpreting it correctly, you have a violation at the end of home detention, when probation is to begin. So the way I'm looking at is that you are starting probation already positive for opiates.

Maybe your state uses the terms differently, but community corrections almost universally means probation or parole. I thought that you said that the home detention was almost over and the probation was to begin. This is why I say "straight out of the gate", because to me, you have not yet begun probation.
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  #9  
Old 01-22-2010, 03:54 PM
Indy_Donkey Indy_Donkey is offline
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I'm sure you're infinitely more familiar with the terms used in the criminal system than I, I just thought there was a difference since the home detention was the "time served" and the probation was the "suspended". I have not done any time in jail/prison other than the night of my arrest. But using your definition "community corrections almost universally means probation or parole", wouldn't this means that I've been on probation for 9 months? I don't know where I'm going with this, just still seem uncertain of your statements.

Regardless, many thanks for your input!
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  #10  
Old 01-25-2010, 03:40 PM
southernsarah southernsarah is offline
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Quote:
Originally Posted by Indy_Donkey View Post
In regards to "violation straight out of the gate" I'm not sure I mentioned that the Community Corrections that I was sentenced to was home detention. So, I've served 9 months of home detention without having an issue until this. I just wanted to clarify that and see if your opinion remains the same... Your wording somewhat confused me, I guess because I don't consider this being right out of the gate.

My son violated community corrections a total of three times in almost 6 years. He violated once for picking up a shoplifting charge (drug related) and he violated the other two times for failing drug tests. In TN community corrections is MUCH stricter than regular probation, so strict in fact that you get day for day jail credits for each day you are on community corrections. I don't want to worry you but in this county if you fail a test you can be SURE when you walk in again you will be arrested. In fact, when you fail the test here they tell you on the spot then send it off, then call you when the second results come back. If it failed on second pass they tell you to come turn yourself in.
The judge decides whether or not to set a bond and he usually makes that decision when he signs the warrant, requested by your PO. The judge in THIS county, 100 percent of the time signs a NO BOND warrant if you violate ANY community corrections rule. But in larger counties the judges usually do provide a bond.
Did you fail your test? Did they say you failed it? Did they send it off? You can call your PO and ask if you are going to be violated...they will usually be very honest and upfront with you about it. Good luck, and trust me..in the future do NOT violated ANY rule or they can and usually will put you back in jail. My son's community corrections officers loved him. He had three officers over the course of 5.5 years and each one truly had his best interests at heart. I knew them because I write the local paper and cover crime so I interacted with them a lot. But the rules are the rules and even though they would go with him to book in, keep him company while he waited at booking etc... gab with him, joke with him etc... if he blew a drug test he went to jail. Period.
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