I was arrested in 2006 for 1st time felony drug possession (.5 grams of heroin) I was on parole at that time for embezzlement. This case is my only other case . I AM NOT A CAREER CRIMINAL. I have a wife of 15 years, two teenage kids, own a home and pay taxes. The DA failed to file immediately and in result I was released from chino to continue on parole. I was discharged from parole following shortly thereafter.

Well of course the DA decided file months later.

Being stubborn and stupid I of couse ignored the letters / warrants.

I did not ignore that internal alarm clock that my life is out of control and checked myself into a methadone treatment program.

I thought all was well. I had gotten my life back on track during the 4 years that has passed, but of course the court never forgets.

Out of the blue a few mornings back that knock at the door finally came and I was arrested. I agreed to be sentenced under California PC 1210 or what is better know as prop 36.

Since my release, I have traversed all the bureaucracy making every effort to comply with the courts orders.

I registered with the local police as a narcotic offender

I paid all the fees ordered by the court. (Booking fees, restitution fees, court fees etc.. ) You name it I paid them off.

I reported to the probation within 24 hours. They gave me a referral to the health dept whom in turn gave me another referral to a treatment provider. Keep up with me reader…… This is your legal system at work….

When I went to the treatment provider, I spotted several of my past “associates” sitting out side on a bench. I explained to the treatment provider in private that I had no desire to get mixed back up with that crowd. The told me I had to return to the health dept and ask to be sent to a different provider or continue on my current treatment which includes methadone.

Unfortunately when I tried to plead my case to the probation office in charge of prop 36, I hit a brick wall.

I was told “you only get 1 referral and I blew it. Further more I am supposed to do what I am told “.

I tried to tell her that I am trying to get something out of this program not get mixed up with my old drug crowd.

I attempted to elaborate on the fact that I haven’t been in contact with the law for almost 4 years so whatever I am doing must be working.

She responded” explain it to the judge ““your court date is 8/20”.

So last Friday I went to court showed the judge a letter that I was enrolled in a narcotic replacement therapy program prior to this plea.

He said to get probation to approve it or I will get a first violation.

Unfortunately Satan works for the probation dept!! Anyone got advice??

Yes, you are right, they don't care, what were you expecting ? They are not there to help you, they are there to send you back when you screw up.

You were to start the program, and then ask to be moved to another program, not refuse to go ( you just can't refuse to go) well you can but you see what happened.

Hello g:

I'm the resident convict expert... And, I've been thinking... Usually I HAVE the answer, but maybe not this time...

This is the approach I'd use. It's like when you were a teenager and you wanted to go out on Friday night. You'd ask your mom, and she'd say, well, if it's OK with your father, it's OK with me.

It looks like you just got an OK from your father, I mean the judge. So, your job is to convince your PO that it's cool with the judge. I don't know HOW to do that. I just know that's what you need to do.

excon

yes, you are right, they don't care, what were you expecting ? They are not there to help you, they are there to send you back when you screw up.

You were to start the program, and then ask to be moved to another program, not refuse to go ( you just can't refuse to go) well you can but you see what happened.

Thanks chuck & excon for your read on my situation.

By no means did I refuse to go anywhere. I simply followed the direction of the first programs staff once I told them I used to do drugs with 3 of the 10 people waiting for the next meeting to start. I was told they would "simply" issue me a refferal to another location. But from the time I walked in the health dept. And following the probation dept. Everyone was just pissed off that I was making extra work for them. I just want to fulfill this obligation and get them out of my life.

Now the judge has given me the task, convince the po to avoid being violated. I have a life , kids and even worse I am the sole caregiver for my grandfather who lives with us now as his demension has progressed to such a point I couldn't leave him alone.

I have letters from his dr's certifying my status. Its hard when you are the only person in the world someone recognizes.

You watch they will still send me to jail and him to a state home for seniors.

I don't totally disagree with the answers of Chuck and Excon but I do think that you should have GONE ahead with the program and just have totally ignored all the people you previously knew.

That would have meant much less grief in YOUR life. You refusing to go where they wanted to send you just said to them in big neon signs you were a whiner and complainer.

If you are really interested in keeping your life on track and caring for your relative my advice would be to stop bucking the system and go with the flow. Just keep to yourself and don't reacquaint yourself with those other people and you'll be fine. If you truly want to keep your life turned around you'd do anything within your power to keep out of jail and to keep caring for your relative even if it means "eating crow" with the PO. I'd do whatever it takes to stop making waves.

And, yes, the PO doesn't care. They are not a babysitting service and would just as soon violate you and throw you back in the slam for a few more years. It's not up to them how long it took to get you arrested for the violation. It's their job to do their job and not cave in to your demands no matter how sensible you may think they are. Trust me, they don't care about your relative. They don't care if you know everybody at the treatment center. You are just a fly in their ointment and they will buck you right back as hard as they can.

I don't totally disagree with the answers of Chuck and Excon but I do think that you should have GONE ahead with the program and just have totally ignored all the people you previously knew.

That would have meant much less grief in YOUR life. You refusing to go where they wanted to send you just said to them in big neon signs you were a whiner and complainer.

If you are really interested in keeping your life on track and caring for your relative my advice would be to stop bucking the system and go with the flow. Just keep to yourself and don't reacquaint yourself with those other people and you'll be fine. If you truly want to keep your life turned around you'd do anything within your power to keep out of jail and to keep caring for your relative even if it means "eating crow" with the PO. I'd do whatever it takes to stop making waves.

And, yes, the PO doesn't care. They are not a babysitting service and would just as soon violate you and throw you back in the slam for a few more years. It's not up to them how long it took to get you arrested for the violation. It's their job to do their job and not cave in to your demands no matter how sensible you may think they are. Trust me, they don't care about your relative. They don't care if you know everybody at the treatment center. You are just a fly in their ointment and they will buck you right back as hard as they can.


Thanks Twinkiedooter for your advice.

I completely understand and appreciate your input.

The only thing no one seems to truly comprehend is that my prior associates aren’t just some casual buds.
They are almost all active members of the same local street gang. This is the same gang in which I was a member and have been completely avoiding.

These people don’t get the message, and are not happy for you when you are doing well. One handshake and they start calling and coming by.

Ignore them and I become the enemy. Either way I will have these people passing by my house, so on and so forth...

You are totally correct on one major point. All of that would have been better than the probation oversight and legal intrusion.


I appreciate your input as always, G

Hello again, g:

I thought about it even some more... The underlying premise behind my advice on these boards, is that, as you are well aware, the PO's DON'T care and DON'T follow the rules. Most of 'em don't even KNOW the rules and they make 'em up as they go along. Most cons don't know the rules any better, so they just go along, too. They don't want to stir up the pot. Consequently, PO's go on abusing their clients, and the clients shut up about it..

However, if one KNOWS the rules, things even out. They even give you the upper hand. Now, I know you're not up against a rules violation, per se, in that, your problem is getting your PO to go along with what YOU and the judge want her to do. Here's how I would attempt to do that...

Write her a certified letter, return receipt requested. (I'm BIG on certified letters). In it, tell her the things you told us, and most importantly, tell her WHY you avoided those gang members. You might mention that the probation department SHOULD be aware of the significance of gang entanglements, and if they AREN'T, that shouldn't be YOUR problem. Certainly include your acceptance to the new program, and mention the judges willingness to sign off if SHE approves.

Don't take on an accusatory tone, and don't take on a conciliatory one. Be matter of fact, and be straightforward in what you're requesting... Send a copy to the judge AND the prosecutor.

The whole idea here is to corner your PO, as best you can, into rendering a favorable decision. This is how I'd go about doing it.

excon

Hello again, g:

I thought about it even some more... The underlying premise behind my advice on these boards, is that, as you are well aware, the PO's DON'T care and DON'T follow the rules. Most of 'em don't even KNOW the rules and they make 'em up as they go along. Most cons don't know the rules any better, so they just go along, too. They don't want to stir up the pot. Consequently, PO's go on abusing their clients, and the clients shut up about it..

However, if one KNOWS the rules, things even out. They even give you the upper hand. Now, I know you're not up against a rules violation, per se, in that, your problem is getting your PO to go along with what YOU and the judge want her to do. Here's how I would attempt to do that...

Write her a certified letter, return receipt requested. (I'm BIG on certified letters). In it, tell her the things you told us, and most importantly, tell her WHY you avoided those gang members. You might mention that the probation department SHOULD be aware of the significance of gang entanglements, and if they AREN'T, that shouldn't be YOUR problem. Certainly include your acceptance to the new program, and mention the judges willingness to sign off if SHE approves.

Don't take on an accusatory tone, and don't take on a conciliatory one. Be matter of fact, and be straightforward in what you're requesting... Send a copy to the judge AND the prosecutor.

The whole idea here is to corner your PO, as best you can, into rendering a favorable decision. This is how I'd go about doing it.

excon

Thanks all you! EXCON , your advise is sound and definitely an asset. I am sure it gives us thirty something year old prior felons that are just trying to raise afamily encouragement to know that, WE ARE NOT ALONE!! Even though we had a number, we are not just a number!

I went all out. I got notarized letters from my current program CEO that they would customize treatment to meet any court requirement. Another one from my counselor, one from the director, all the letters proving their accreditation, proof of all the tests, meetings etc… etc…. BLAH,, Blah!!

I went in cool , calm and courteous. With everyone’s advice, direction and some good old legal research on the web in hand!!

I GOT APPROVAL FROM MY PO TO CONTINUE ON MY CURRENT PROGRAM THAT HAS WORKED!!

You read it right, common sense slipped out from behind the door this morning.

I won't go so far as to say the Probation Dept cares , but I will formally retract the title of this thread (Probation office doesnt care ) and replace with "Stating Your Case @ Probation Dept "