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Ken1987
Jul 11, 2004, 07:46 AM
I've been placed on misdeameanor unsupervised probation for 5 years in Ohio. What are the restrictions for this. May I still own own weapons etc. Would like to be able to read specific guidelines about this topic but unable to find any online, probably just not finding it. Help please!!

magprob
Dec 19, 2005, 08:49 PM
Wow! 5 years. OK, all of the things you can't do while you are on supervised probation, you can't do while you are on unsupervised. Unless the judge said you could on the Judgment of Conviction. So, that means no drinking, no drugging, no breaking any laws. If it is domestic violence then you probably can't contact the victim. In other words, any way in which you used to have way too much fun is definitely out! If... that is if some one sees you doing it! Now you more than likely do not have to report to a probation officer so if you smoke weed you probably do not have much to worry about unless they pull a surprise attack on you. As I said, if you are convicted of a new crime, all bets are off. Good luck with the 5 years. You know, just doing the time might have been a better end to all of this madness. At least for me, I would rather do a few months in the pokey than 5 years of looking over my shoulder! But that is me.

Fr_Chuck
Dec 19, 2005, 09:08 PM
Your best bet is to contact and disucss this with your local probation officer. Even though you are un "supervised" that does not mean your records are not somewhere with some office.

Next your restrictions will be any and everything that the judge has ordered in your case ( if he ordered any specific rules)
In general you can not be caught ( or do) any criminal act. Also they can hold you on probatoin violation if they even think you did the crime. You will often be considered guilty unless you prove yourself not at a probatoin hearing.

Normally they do not want various people on probation getting together in groups with other people on probation. ( not often inforced but used if they want you and can't find something else on you)

As for as guns, in our state unless you are convicted of a felony or a domestic violance crime of any status, you can normally still own a gun, but unless it is a hunting rifle you may wish to consider it since if you are caught doing another crime and have a gun, or just in the wrong place at the wrong time with a gun, you maynot see the light of day for a while

Best advice, contact and review this with your attorney, and/or the probation office

excon
Dec 27, 2005, 12:41 PM
Hello Ken:

I disagree with the advice you've received so far.

You need legal advice. I absolutely would not ask anyone in the probation department for legal advice. That's not the place to go. In the first instance, they don't know. They're clerks and bureaucrats. They have no incentive nor obligation to tell you the truth. If they give you advice, it will be based upon THEIR needs, not yours. To wit: They need probationers to not drink (see magprob's response). It may not, however, be proscribed for you. In my view, if the underlying crime did not involve alcohol, misdemeanor probation would NOT prevent you from drinking.

Secondarily, the key word in your case is UNSUPERVISED. That means, that even if a guy like Magprob wanted to "pull a surprise attack", he couldn't. You see, unsupervised means exactly what it says. It doesn't mean that someone from the probation department can arbitrarily decide somewhere down the road to supervise you.

Therefore, in my view, there's nobody watching, and you are not going to be required to report to anybody. The only trigger for them would be new criminal conduct.

I don't, however, suggest that you take my or anyoneís word for it here. If you didn't have an attorney to represent you, then I would hire one to do this particular research. I can't imagine that it would take an attorney more than 2 hours. Even at $300/hour, it's a cheap investment. And, if the attorney is wrong, you can sue him for zillions.

excon

magprob
Dec 31, 2005, 10:40 AM
People need to understand that the actual key word here is PROBATION! Supervised or Unsupervised PROBATION means the court has you on one form of probation or another and if a person calls the probation office and tells them that you are on probation, supervised or otherwise, and says you are smokin pot or drinking, that probation officer has all of the authority in the world to surprise attack you any time, anywhere. I am sorry that there are hateful people that let their bad attitudes get in the way of the reality of the situation. I see a lot of that on this post. They see things only through a narrow scope. But then, this is the only place in the world they can be a real expert! REAL EXPERTS have no time for this crap! I am a retired expert and I find some of these people hard to swallow! You see, I just called myself an expert... it's easy! Just use your common sense though, if it says unsupervised probation, the real key word here is probation, not unsupervised. You can believe that you are on PROBATION.:confused: :confused: :mad: :mad:

excon
Dec 31, 2005, 10:55 AM
Hello again, magprob:

So, not only do you denigrate me, you now denigrate ALL the other experts. Good job, Dude.

Ok, so far, we've established that you're a cheater, a liar and a sourpuss. And, you have the balls to continue to give advice? Dude, you've firmily discredited yourself, all by yourself.

It's true, I do have a bad attitude towards you. But, only because of who you have revealed yourself to be.

excon

Fr_Chuck
Dec 31, 2005, 08:11 PM
People need to understand that the actual key word here is PROBATION! Supervised or Unsupervised PROBATION means the court has you on one form of probation or another and if a person calls the probation office and tells them that you are on probation, supervised or otherwise, and says you are smokin pot or drinkin, that probation officer has all of the authority in the world to suprise attack you any time, anywhere. I am sorry that there are hateful people that let their bad attitudes get in the way of the reality of the situation. I see a lot of that on this post. They see things only through a narrow scope. But then, this is the only place in the world they can be a real expert! The fact of the matter is REAL EXPERTS have no time for this crap! I am a retired expert and I find some of these people hard to swallow! You see, I just called myself an expert...it's easy! Just use your common sense though, if it says unsupervised probation, the real key word here is probation, not unsupervised. You can beleive that you are on PROBATION.:confused: :confused: :mad: :mad:


I will add only this, I don't know magprob except for what he has posted here for the few weeks I have been here on this site. I do know excon from years on another board and I believe even a few years on another broad before that. While excon and I may often differ on varoius points of the criminal justice system, I can tell you from his answers he has more experience with it than merely watching "Law and Order" on TV
((although I do like that show)). I am not sure exactly what his experience was with the legal system, but he tells you from the "criminal" point of view and has the real life, what really happens to you, not what the book says should happen.

For myself, I am a grad from the Federal law Enforcement Center in Glynco GA, from the State Corrections Department of the State of GA, and from the Police ( POST) training for the state of GA.
And I worked with varoius police and correctional funtions including misdemeanor probation.

But I also have a realistic view from seeing homeless railroaded and people with little good legal help and also seeing judges decide completely against obvoius facts. But with that I like to tell you also what will really happen in real, life, not what the book says will happen or should happen.

So why do excon and I disagree, well I may say because I am so much brighter and smarter and much better looking, but most likely it is merely because we see it from slightly differnet view points.

Most of the people on unspervised probation I have dealt with are never bothered, never checked on, now if they get picked up, or stopped by the police, it will show up on their record if the police run them.

And if they are arrested, the probation department is notified and then it will be their choice if they are going to have you held for a hearning or not. But that is what I saw from the police and court side of things,
But excon will see it from the person on probation.

excon
Jan 1, 2006, 09:17 AM
Good morning, magprob, and have a better year.

Hereís some New Years advice, although you didnít ask for it. The rules here on this board are few, short and clear. Indeed, you have stopped trying to advertise your book. Unfortunately, it was only because you were forced by the site admin. But, you still donít get Rule #2. Let me print it here again in the hopes that you can finally grasp it.

2. Do not disparage any member publicly on the forums, although you may choose to disagree with a member's advice, and say so.

Tell me, sir, how did you treat your probationers who werenít able to follow probation rules? Weíre you nice to them? Did you keep on reminding them about the rules? Did you just stand by and watch while they continued to throw the rules in your face?

No, I donít think you did. Or, did you throw their butts in jail for made up reasons? You donít read, understand, or abide by the rules. Iíve had probation officers like you. You are the worst kind.

However, I digress. In the future, if you post here, try not to insult anybody. If you do, I wonít insult you back. But if you donít, like the ďanal jailbirdĒ you described, Iíll be your worst nightmare on this board. And, all I have to do, is tell the truth.

excon

magprob
Jan 1, 2006, 02:35 PM
All of this because you were wrong? Grow up. This is my last post here anyway because this place moves way to slow. After all, it is only you and Fr Chuck and as I said, real experts have no time for this crap! Adios

excon
Jan 1, 2006, 10:12 PM
Hello magprob:

Well you stayed true to the end. Everybody is wrong but you. Have a nice life with your cop friends.

excon

Red.special
Oct 11, 2011, 08:45 AM
My friend got a dui, finished all the probation and is on "unsupervised" probation until Jan. 2012. He is going through a custody battle for his daughter and his daughters mom is trying to tell the judge he had some alcohol beverages.. The judge is believing her and so my question is "is it ok to have a drink while on unsupervised probation?"