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    1badchoice's Avatar
    1badchoice Posts: 227, Reputation: 45
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    #1

    Mar 30, 2007, 10:08 PM
    Probation violation KY
    I was charged with 2 felony counts of welfare fraud for failure to report changes in income. I assumed that I could make payments back to the state and avoid criminal charges. Yeah right. So I pled guilty, was sentenced to 3 yr (2) running concurrently, placed on probation and moved to Ohio. The primary requirements were to make $150 monthly payments, remain employed full time, and of course see probation officer. Well, it all sounds easy enough. Unfortunately I have severe depression, anxiety, PTSD and am a single mother of 5. Needless to say... no payments have been made, kept job for first 6 mo then was hospitalized, have since applied for Social Security and am fighting with them. Have always talked with PO but initial state has filed a revocation hearing as I have not paid. Received the notice today (Friday afternoon) and must be in court in KY on Monday. Cannot reach an attorney... so don't have one. Basically scared less. To top it off I have a social services degree (not used much due to illness) which makes the court thinK I "should have known better". Have NO idea what to do... Can come up with a one time payment of about $2500 and have made arrangements with ex husband to start making monthly payment but I'm not so sure the female judge wants to hear any of that. Any advice, support would be greatly appreciated.
    Thanks... Cathy
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 31, 2007, 05:11 AM
    Hello 1:

    Yeah, I'm not sure she wants to hear it either. But, what else have you got to say? Certainly, whatever you say will be better received if you bring your $2500 with you. I'd bring your toothbrush too.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 31, 2007, 06:39 AM
    First show up, if you don't there will be a warrant for you right then.

    Next of course this is what it is, you violated probation and honestly the fact you have 2500 in cash now but could not make 150 dollar payments until you were called to court. I guess if I was a judge that would make me wonder and why during the first 6 months when you were working why you did not pay then. That at least will be one question they asked you about
    1badchoice's Avatar
    1badchoice Posts: 227, Reputation: 45
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    #4

    Mar 31, 2007, 10:09 AM
    I appreciate your responses. Sounds like I'm basically screwed. I don't suppose my mental health issues are going to lend themselves to my defense? She is a tough judge and I can't reach a lawyer. What are the odds she will give me another chance? I've had no other legal trouble in my life. Scared to death.
    1badchoice's Avatar
    1badchoice Posts: 227, Reputation: 45
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    #5

    Apr 3, 2007, 08:42 PM
    Again, I'm in Ohio. Just a quick update... went to court in KY with an attorney (not quite sure about) and they basically just set a hearing date for two weeks from now. Still don't know what will happen. Attorney says he will be trying to make a deal with prosecutor and get back with me. Haven't gone to jail yet... but still unsure.:confused:
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Apr 4, 2007, 09:05 AM
    Hello again, 1:

    Relax. I'm really a glass half full kind of guy - ceptin when I'm dealing with the criminal justice system. In my experience, it's best to think the worst, and hope for the best. That way, you can't be disappointed.

    Yes, I said earlier that you should tell the judge about your problems. And, I mean that too. However, don't do it as though your problems are an EXCUSE. Because, in fact, they're not. At best, they're REASONS.

    What will save your butt, is if you tell the judge how you've OVERCOME the REASONS. As evidence of that, you have $2,500 towards your fines. Plus, you should tell him what your plans are to continue on the straight and narrow.

    You can do that in writing to the judge, and that's not a bad idea. Send a copy to the Probation Officer. You can learn your lines by heart if you want. The bottom line is, YOU need to turn this thing around. Only YOU can.

    If you do, I don't think any judge will put you in jail.

    excon

    PS> (edited) I thought I posted this already, but it disappeared. Software spooks, I guess.
    help31's Avatar
    help31 Posts: 2, Reputation: 1
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    #7

    Feb 7, 2011, 07:41 AM
    When you originally got prosecuted, did you actually spend time in jail?
    help31's Avatar
    help31 Posts: 2, Reputation: 1
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    #8

    Feb 7, 2011, 09:48 AM
    Did you go to jail when they first convicted you?

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