My daughter who's probation was about to expire May 7th has been extended for a year due to her not paying off fines well a fight broke out at her apt. and along with everyone else she was arrested for obstructing and officer (her po said it was probably because she lied) well now her po said she is going to be in jail for 1 to 2 months up to 4 months. Since it's going to be that long does that mean that she is revoking her probation? Or can they hold you that long because of the charge?

JudyKayTee

You posted the first part of this once before and the opinion was that she violated probation and could have been sent back to jail OR given an extension to complete the terms and conditions of her probation - paying the fines.

She has now violated a second time and I would expect her to be revoked - particularly if she was obstructing the Police.

Fr_Chuck

Yes, they can hold her that long as part of the violation.

ohmymichelle

When you are on probation - there is no REAl justice. You are convicted! and will remain CONvicted until after you have satisfied your probation. The best advice from someone that has been in the system is stay straight and stay home until its finished or you will continue to stay in the system and keep gong round and round.

lizzy715

I understand she did this to herself but as her mother I feel horrible that she'll have to sit in jail that long. I think if she would revoke herself it would be less time in jail. Although I don't know much about that either.

ohmymichelle

I am so sorry that your baby is even in the system - but once this happens the action is now to be pro-active and not re-active. She has to do what is necessary to remove herself from the legal environment unless she works for it. the answer is find another outlet to thrive in. hope it works out. do what they say and keep every scrap of paper to prove she has conformed to their requests.

twinkiedooter

I'm sorry that your daughter has to sit in jail, but had she been sentenced to jail originally what would have been her sentence? She baasically messed up having so little time left to do and not paying the fines. Probation is not meant to take lightly such as she did. Your daughter's PO probably has a handle on just how much time she will have to do. Tell her that if she wants to get released early from her jail time to volunteer to do any work within the jail that she can. Some jails have a program that if you work say in the laundry washing clothes you get one good day for every 3 days worked. This could mean she can come home early. Tell her to ask about this the second she gets settled in a permanent spot in jail. Even if it amounts to only 10 days of good time - that's 10 days less she has to be there. It will also give her something to do rather than sit around, eat and get fat and bored. You'd be surprised to know how many girls go to jail and sit on their rumps and don't want to do anything to get out earlier.

lizzy715

From what I heard my daughter's PO said that if she came up with $1000 she would release her otherwise she plans on revoking her. Guess I will have to call her PO to see if that is the case.

lizzy715

Now new problem has arised. My daughter's landlord gave her grandma a 5 day eviction notice to give to her because of the fight that took place at her apartment. Although it is her fault her landlord thinks he can do as he pleases. He has went into her apartment 2 times since she went to jail. Today was one of those days. I told him she would be out May 10th and he didn't say anything about her having to move until today. She did no damage to the apartment infact she moved in there in April and he already has a check out list prepared as to what he is keeping money wise from the security deposit and we haven't even moved her out yet! She isn't even late on rent. It's just unreal what landlords think they can get away with.

JudyKayTee

It has nothing to do with what landlords "think they can get away with." I'm not sure who actually was renting and/or living in the apartment but this appears to be where the fight occurred - ?

This is not going to make you happy but it would appear from what you have posted that your daughter was on probation, didn't pay her fine (a requirement of the probation), had probation extended, a fight broke out in her apartment and she was charged with obstruction of justice for resisting the Police. Doesn't sound like she's a model citizen.

As a landlord - this type of behavior is disruptive to the other tenants and I think the landlord is within his/her rights to proceed with the eviction. It has nothing to do with the rent and/or damage and everything to do with what the other tenants have to live with. If there is a checkout list already prepared concerning why the landlord is keeping the security deposit I would say there is damage caused during your daughter's tenancy. If there was a fight in the apartment there's a good possibility there is, in fact, damage.

Should the landlord have entered the apartment? I don't know - did he have reason to enter? Following a fight involving resisting arrest charges he very well may have had good cause to suspect damages.

If you believe the landlord is discriminating against your daughter, breaking the lease for no reason, evicting for no reason - then contact an Attorney or go to Small Claims Court but I think you are going to lose the case. The landlord, if there is not sufficient money to cover the damages, may take your daughter to Small Claims Court anyway and then you can countersue.