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  #1  
Old 05-21-2013, 05:29 PM
vince1988 vince1988 is offline
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Default Is there away I can get probation or alternative sentencing?

Hello,

I just signed a plea agreement to do 2 years in prison and 2 years of supervised release. I'm on House Arresst now pending court. My attorney said he will argue Probation or other another alternative sentencing for me. I was charge with Cyber stalking and this is my first offense and i have no prior criminal history. I'm young and i don't want to stop living life. please can someone give me some ways to get Probation, or if i can continue being on House Arrest?
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Old 05-21-2013, 10:02 PM
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The only way I know of for you to get probation or house arrest is for your attorney to ask the Judge for it in court at sentencing (leniency). You've already signed off on a plea...I'm not sure that probation or house arrest will be forthcoming. Did your attorney ask for that (probation) before you signed a plea?

More than likely you'll make parole before that 2 years is up. Stay strong. Hope for the best and expect the worst.

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Old 05-22-2013, 12:50 AM
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Quote:
Originally Posted by patchouli View Post
The only way I know of for you to get probation or house arrest is for your attorney to ask the Judge for it in court at sentencing (leniency). You've already signed off on a plea...I'm not sure that probation or house arrest will be forthcoming. Did your attorney ask for that (probation) before you signed a plea?

More than likely you'll make parole before that 2 years is up. Stay strong. Hope for the best and expect the worst.

Welcome to PTO!
I thought it wasn't parole in Federal prison? Don't you have to do at least 85% of your time? My attorney has been very nonchalant in my opinion about everything. He seems to know what he is doing. He said the prosecutor wasn't going to agree to probation but didn't impose a mandatory minimum just the Guideline Sentencing Grid 18 to 24 months. He said he will argue for probation or other alternatives sentencing for punishments. I'm praying things will work out in my favor.
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Old 05-22-2013, 08:49 AM
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I didn't realize this was a Federal case.....you're right, its 85%. I'll move your thread to the Federal forum. Someone there can probably better answer your questions.
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Old 05-22-2013, 11:39 AM
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I didn't realize this was a Federal case.....you're right, its 85%. I'll move your thread to the Federal forum. Someone there can probably better answer your questions.
I hope so.... This is all very scary for me.
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Old 05-22-2013, 03:21 PM
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The judge has complete discretion on your sentence, zero to maximum, but the great majority of sentences do follow the terms of plea agreements. Your lawyer can argue for a lower sentence at the hearing, but the judge will decide.

If you get 24 months, you will earn 94 days good time and should be eligible to serve the last portion of the remaining 21 (approx.) months in a half way house near home. Once there, you may even qualify to live at home on home confinement, but that will be up to the rules of the HWH. Usual HWH is 10% of your total sentence, but the bop can grant up to one full year.

Your house arrest does not count towards your sentence, but any time you spent in an actual jail will count. Being young is a major plus for you. You will make it through this, probably in a minimum security "camp", and then be able to restart the rest of your life. There is very little trouble in the camps since everyone there knows that if they act up, they will be moved to a real prison. Be sure to learn "prison etiquette" before you go in. Here's one PTO sticky on the subject, but there are others too.
http://www.prisontalk.com/forums/sho...d.php?t=592193

Avoid borrowing, lending, gambling and all contraband, especially cell phones which will be available. Get caught with one, and it could easily bring new criminal charges, and the next time (hopefully there will never be a next time) you won't be able to say you never had any trouble with the law.
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Old 05-22-2013, 03:56 PM
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Quote:
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The judge has complete discretion on your sentence, zero to maximum, but the great majority of sentences do follow the terms of plea agreements. Your lawyer can argue for a lower sentence at the hearing, but the judge will decide.

If you get 24 months, you will earn 94 days good time and should be eligible to serve the last portion of the remaining 21 (approx.) months in a half way house near home. Once there, you may even qualify to live at home on home confinement, but that will be up to the rules of the HWH. Usual HWH is 10% of your total sentence, but the bop can grant up to one full year.

Your house arrest does not count towards your sentence, but any time you spent in an actual jail will count. Being young is a major plus
for you. You will make it through this, probably in a minimum security "camp", and then be able to restart the rest of your life. There is very little trouble in the camps since everyone there knows that if they act up, they will be moved to a real prison. Be sure to learn "prison etiquette" before you go in. Here's one PTO sticky on the subject, but there are others
Avoid borrowing, lending, gambling and all contraband, especially cell phones which will be available. Get caught with one, and it could easily bring new criminal charges, and the next time (hopefully there will never be a next time) you won't be able to say you never had any trouble with the law.
You think if the judge see that I'm doing great on house arrest maybe he may allow to do my time this way. I heard probation is possible but rear. I just hoping for miracle.
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Old 05-23-2013, 08:05 AM
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Miracles do happen, but don't count on it. Hope for the best, but expect something less than that is probably the best way to prepare.
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Old 05-23-2013, 09:17 AM
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what you have to bear in mind in mho is that they love to give out sentences in prison and just because you may be doing great at home that's not something they necessarily care about.
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Old 05-23-2013, 05:04 PM
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what you have to bear in mind in mho is that they love to give out sentences in prison and just because you may be doing great at home that's not something they necessarily care about.
Thank you for the feedback
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Old 05-26-2013, 06:04 PM
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Any info can help
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Old 05-27-2013, 12:26 AM
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I'm going thru what you're going thru, too. No one wants to go to prison. But, I think it's better to begin to accept it and prepare for it. Designate people to handle your affairs. I have asked for one person to do maintenance on my house (I'm going to rent it out), another friend will be responsible for my money, another with my correspondence and social media (gotta have fb! ) and a relative for my children. That whole process has really helped me with acceptance, and to have peace.

Study the commissary list. Get an idea for how much things cost. Read all you can! It seems scary at first, but once you get over that initial "NO I DON'T WANNA GO TO PRISON!" it starts to sink in and get easier.

I haven't been sentenced yet, but it's better to be prepared and then pleasantly surprised, than to be on the edge of your seat waiting on a miracle, and then have the wind knocked out of you when he reads that sentence.

Pray pray pray! And prepare. When you put it in perspective, it's really not all that bad. 2 years is nothing compared to what others around you will be serving. Plus if you get 2 years, you'll get good time. So you'll get your good time knocked off your sentence, and then you'll get out to go to a halfway house or possibly home confinement.

Good luck!!
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Old 05-27-2013, 07:19 AM
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Thank man I'm preparing. I don't have that much anymore. So I just want to make sure my mother is taking care of..
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Old 05-29-2013, 01:03 AM
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Default Probation instead of federal prison.

is it possible in the federal system that offender receive probation instead of federal prison? I heard it possible.
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Old 05-29-2013, 03:01 AM
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Read the answers to your previous questions . . . it's still the same.
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Old 05-29-2013, 06:02 AM
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Gee. I just ask a question and its possible. It's up to the judge.
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Old 05-29-2013, 07:34 AM
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That's right, you just asked a question....and you've gotten your answers. Not the answers you wanted, but the answers you need to hear. The only problem is that you're not listening. You've already signed a plea. Prepare for that plea to be accepted. If the Judge decides to grant probation = Happy Day! But don't count on it...Hope for the best and expect the worst. Now get your house in order before sentencing. Best of luck to you
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Old 05-29-2013, 01:54 PM
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My magic 8 ball tells me the outlook is bleak. I think it was said, prepare for the worst while hoping for the best, but the Feds are not very generous with probation sentences.
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Old 05-29-2013, 05:50 PM
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They aren't but every case is different and Unique. Plea aggrements arent binding. i mean most criminals have long records so i understand that.... but Even the prosucutor said She dont think i should go to prison for something like this but she's just doing her job. It sounds like y'all don't have faith in The Lord. I'm preparing for the worst but i know its people out there who has gotten probation in the federal system and i wanted to hear their story... gee Stop being bias
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Old 05-29-2013, 06:12 PM
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Its realism not bias the prisons are full of people who shouldn't have gotten the sentences they did.
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Old 05-29-2013, 06:58 PM
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Yeah, the judges usually do what the prosecutor wants. You signed a plea for 2 years so we can assume that is close to what she wants (regardless of what she might have said to you).

Your attorney is going to argue for less and maybe she isn't going to object, then it will be up to the judge.

What you can do is google for cases similar to yours that are in FEDERAL courts only, and see what the outcome is.

Then you'll have a better idea of what to expect and you can even bring to your attorney's attention any similar cases that might have gotten less than what you agrreed to.


I can think of a few high profile computer crime cases recently where the guys were first offenders and no one thought that was something that would excuse them from prison. Some states would just automatically put you in a probationary program (depending on the crime) but the Fed does not operate quite that way.

I don't like seeing people go to prison but that is how it is. I will pray for you.
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Old 05-29-2013, 07:39 PM
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Hey Vince I read all the comments n it seems like ur having a heard time dealing with the prison possibility. It sucks, I know. But you mentioned your faith in The Lord, which I absolutely have. N it's in these hard times and uncertain situations that I feel like my faith has grown more and more. I encourage you to ask yourself... Is it possible that He wants you to go to prison? Maybe there is someone there who needs encouragement from you. Or maybe there is a lesson He needs to get you alone for??

I was indicted almost 4 months ago n it took a lot of denying and lying to myself before I got to the place I am now, emotionally. Before, I was grasping for someone to tell me what I wanted to hear, instead of the truth. I called it faith. But now I realize that my faith is kicking in NOW, in accepting that God will never leave me nor forsake me and that ALL things (even prison), work together for good to them that love God. The truth is, we broke the law. Y shouldn't we be punished?
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Old 05-29-2013, 08:33 PM
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Quote:
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Yeah, the judges usually do what the prosecutor wants. You signed a plea for 2 years so we can assume that is close to what she wants (regardless of what she might have said to you).

Your attorney is going to argue for less and maybe she isn't going to object, then it will be up to the judge.

What you can do is google for cases similar to yours that are in FEDERAL courts only, and see what the outcome is.

Then you'll have a better idea of what to expect and you can even bring to your attorney's attention any similar cases that might have gotten less than what you agrreed to.




I can think of a few high profile computer crime cases recently where the guys were first offenders and no one thought that was something that would excuse them from prison. Some states would just automatically put you in a probationary program (depending on the crime) but the Fed does not operate quite that way.

I don't like seeing people go to prison but that is how it is. I will pray for you.
I did and majority didn't see the sentence that was recommend to them from the prosecutor. I appreciate the info and I know my case and what I have done but I'm not giving up with a fight. I came here to hear cases who may I have received probation in the federal system I didn't know y'all had long rapsheets
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Old 05-30-2013, 04:35 AM
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the only time i've seen judges go way under the guidelines were cases involving snitching and becoming a gov't witness...do you have anything worthwhile to give up, could you live with yourself if you did?
being a first offense is already taken into account, it's why you are in criminal history 1..like almost every here. if the judge does gives you a sentence under the 18 months, the gov't can appeal and the judge would have to explain his reasons and his sentence of probation can be overturned.
most federal sentences come form the commission that determine the guidelines, the US attorneys who decide your points and what enhancements to add in, finally the judge does has some choice....he can go longer than the guidelines ( which you can appeal, or go lower than them, which the gov't can appeal).
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Old 05-30-2013, 06:37 AM
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LOL! I have seen criminals walk with home confinment or spilt sentence. My case isn't that big or high profile in the first place so I don't think the government would pay any attention to it honestly. I think your getting me confused with a career criminal. I have no minum sentence that's required and its truly up to the judge. I'm expecting the worst but hoping for the best. It's possible so i will fight until the end and its nothing wrong with that.

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