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Home > Law > Criminal Law   »   Going out of state under probation

 
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Old May 16, 2008, 04:26 PM
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Going out of state under probation

I was arressted for forgery(of a prescription) in the state of Ohio and have been put under probation for up to three years. I was accepted for the intervention in leiu prgram which states that I must successfully complete drug screens for up to three years, complete an intensive outpatient program at a treatment center and complete 24 hours of community service. I am fine with all of this...I attend AA on a daily basis, have been sober for five months have completed an outpatient treatmant program already, I have a sponosr that I speak to everyday and my whole life now revolves around my sobriety. The problem is, before I was in court etc. there had been a trip to Florida planned to help my sister move and see my grandma and my dad...the tickets have already been purchased because my lawyer told me months ago that it would all be fine and there is no reason I shouldn't be able to go. So today I go to court to do the whole change of plea deal and then spoke to the probation office who is not so sure about me leaving the state so early in my probation. I need to go-I have been working so hard to stay sober and I have AA meetings all mapped out to go to down in Naples. What can I do to prove to my PO that I am not going to Florida to use, party or break anymore laws? In other words, what can I do to get her to let me go? It is very important to me. I have printed out the AA meeting schedule and highlighted the meetings I plan to attend to show her at my next appointment. Is there anything else I could research or print up to bring her to show her how serious I am about staying sober in Florida? Also, is there a way that I can take a drug screen down in Florida and have them send it to my PO? I am willing to do anything for the OK to go...

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Old May 16, 2008, 04:34 PM   #2  
Fr_Chuck
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First your attorney was out of place saying this, it is often not allowed in the first weeks of a probation to allow travel. But in the end you have to get the PO's permission or you just can not go. If you did, the PO would violate you, and instead of 3 years probation it would be at least some time in jail or maybe prison.

You did not do anything wrong expect assume it would be ok. Your attorney perhaps should have had this as part of the plea agreemennt to allow this. At this point I would get my attorney invovled in trying to get this approved

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aquaali22 agrees: Thankyou for your advice...
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Old May 17, 2008, 05:17 AM   #3  
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They will not approve of you leaving the state so early on. Be content with the fact you are not doing any jail time. You will be able to see sister and grandma on other occassions. Too bad about the plane tickets. You should have thought about your future when you were busy writing prescriptions for yourself. I'm not convinced that you have changed and neither is the court. Just being a "good boy" is not enough for the court or the PO dept to let you go on a vacation (which is essentially what you have planned in another state). You are asking for MORE preferential treatment having already gotten more than most folks would have gotten in lieu of your crime. Writing prescriptions is a very serious crime and you seem to think it's similar to a parking ticket. Sorry.

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aquaali22 disagrees: rude and judgemental
Fr_Chuck agrees: equal out rating
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Old May 17, 2008, 02:51 PM   #4  
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Whether you disagree with me or not, the Probation Dept is not going to let you go on a vacation out of state. This is not rude or judgmental - this is just something you don't want to hear. Sorry.

What part of "arrested for forgery of a prescription" were you convicted of? Writing the prescription or giving it to the pharmacist to fill? You knew it was a phony prescription and got caught doing it. Now you have to face the consequences of your action whether you like it or not.

Also, your attorney should have known better about a "vacation out of state". He might have told you everything was okay so you'd just go along with the plea bargain. Attorneys are wont to tell "fibs" on occassion to benefit their client and themselves.

Some guy I knew a few years ago liked to write himself prescriptions for oxy and got caught. He got a year in jail and probation on top of that. So consider yourself lucky.
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Old May 29, 2008, 06:11 PM   #5  
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Quote:
Originally Posted by aquaali22
I was arressted for forgery(of a prescription) in the state of Ohio and have been put under probation for up to three years. I was accepted for the intervention in leiu prgram which states that I must successfully complete drug screens for up to three years, complete an intensive outpatient program at a treatment center and complete 24 hours of community service. I am fine with all of this...I attend AA on a daily basis, have been sober for five months have completed an outpatient treatmant program already, I have a sponosr that I speak to everyday and my whole life now revolves around my sobriety. The problem is, before I was in court etc. there had been a trip to Florida planned to help my sister move and see my grandma and my dad...the tickets have already been purchased because my lawyer told me months ago that it would all be fine and there is no reason I shouldn't be able to go. So today I go to court to do the whole change of plea deal and then spoke to the probation office who is not so sure about me leaving the state so early in my probation. I need to go-I have been working so hard to stay sober and I have AA meetings all mapped out to go to down in Naples. What can I do to prove to my PO that I am not going to Florida to use, party or break anymore laws? In other words, what can I do to get her to let me go? It is very important to me. I have printed out the AA meeting schedule and highlighted the meetings I plan to attend to show her at my next appointment. Is there anything else I could research or print up to bring her to show her how serious I am about staying sober in Florida? Also, is there a way that I can take a drug screen down in Florida and have them send it to my PO? I am willing to do anything for the OK to go...
Interesting.....I had the same circumstance myself, in fact EXACT same circumstance in Ohio. I did the treatment in lieu of a conviction too. I got thru it and the ordeal is over. Twinkledooter is NOT correct. I went out of state twice. The first time I dropped for my PO it was clean and it continued stay that way. I asked him at my first meeting if I could leave the state with my family and he told me that as long as my court fees were paid and my urine was clean it would be no problem I even was allowed to go to Texas for a Christmas Party. As far as dropping the urine when i left town, he was told in advance the day I needed to drop and he would've made other arrangements if it was during the time I was gone but that was never necessary. I suppose this is all up to your PO and how well he or she thinks you are trying. I even went so far as to ask mine not to come to my house during the summer because I had kids that had NO IDEA i was on probation and he didn't come. Your best bet is to do stay clean and mind your P's and Q's and you really shouldn't have a problem leaving the state. fyi... i was approved to leave 3 months into it. However, I asked him at the first meeting.

twinkiedooter I am SURE ( cough cough) didn't mean to sound unkind but I don't consider being a addict and behaving like one ( i.e. writing your own prescription ) "lucky'. I am glad the law gives people like us the chance to make a fresh start without a record. Drugs make you do things you normally wouldn't do. We all make mistakes..some worse than others. Good Luck !

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aquaali22 agrees: I am happy to see that there are nice understanding drug addicts like myself. thankyou.
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Old May 30, 2008, 03:02 PM   #6  
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Classy - you did not leave the state immediately after your conviction. You said it was 3 months before you left the first time. I see a different set of circumstances here. Sorry. The OP did say she was even on probation yet.
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Old May 30, 2008, 03:08 PM   #7  
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also it sounds like they had a nice Probatoin officer, I will assure you, most are not that nice and helpful
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Old May 30, 2008, 04:17 PM   #8  
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Twink - true enough. But the po was only IFy about the trip. My point wasn't very clear.... drop CLEAN the first time and she may change her tune. So many people walk in still doing the drug. It makes for a much nicer PO i think.

Fr-Chuck- NO doubt about it, i had a GREAT PO but then i like to think i was not the usual "customer" hee hee
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Old Jun 4, 2008, 02:42 PM   #9  
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Well, they let me go!!!! and it was a wonderful vacation. All I had to do was get a traveling permit and go tot he police department down in Florida and have them sign a paper. My PO is very nice and understands that I am serious about my sobriety and following all of their rules. I am very grateful they let me go and were understanding.
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