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Grandmom2
Aug 30, 2012, 11:39 AM
I'm on felony probation and I want to travel to another state for a 2 week visit to see my newborn grandson. I have a hearing with the judge to ask permission, which is the same day I'm supposed to leave. My son bought the ticket before he knew I might not be able to go.
I've done everything I'm supposed to do, except pay my fines. I'm terminally ill with cancer and living on SSDI, which barely pays my bills and allows me to eat.
What are my chances of being allowed to go? If the judge says no and I go anyway I know I'll be violated, but considering my health issue would they keep me in jail for a long time? I'm also still having chemo and I'm on high doses of pain medication. Any advice is much appreciated

smoothy
Aug 30, 2012, 12:20 PM
You didn't do everything you need to do and not just because because you made plans ASSUMING you would be allowed.

Your first mistake was making plans before you got the permission. If you had you wouldn't be seeing a judge that same day.

Sorry, but you agreed to these terms... lots of people die in prison... consider yourself lucky you aren't.

Grandmom2
Aug 30, 2012, 12:28 PM
When I said I did everything I was supposed to so I was referring to completing the terms of my probation. As I already stated, MY SON purchased the ticket without knowing I would need permission from the judge and not the probation officer.

smoothy
Aug 30, 2012, 12:40 PM
Well I can see how you ended up with a felony conviction.

Fact is the world doesn't revolve around you... and the law is the law... if it's that important why doesn't he come to you?

The court has heard so many sob stories... they really don't care. Committing a crime has consequences.

Grandmom2
Aug 30, 2012, 01:36 PM
You certainly seem to know an awful lot about probation, and I'm sure you've had personal experience, judging by your replies.
I'm also sure you know the old saying about assuming, so I won't bother repeating it for you. Sorry to disappoint you, but in fact I do not have a felony conviction. In a year, if I live that long this whole thing will be a hard lesson learned and nothing else.
I never said not implied that the world revolved around me, and I posted my question with the hope of getting some intelligent responses, not to be trolled. Find somebody else to argue with, I don't need petty insults, I need answers.

smoothy
Aug 30, 2012, 03:02 PM
YOU said you are on FELONY probation.. that means you were arrested and you were convicted.

That means you have a criminal record now, and that remains on your criminal record for life. Probation is a sentence... a sentence comes only after a conviction.

But then you would rather argue than face reality.
You are rather rude for someone that's expecting help from someone else... and its clear from your actions everything I said was 100% true.

I live in the real world... not this fantasy world of denial you apparently live in.

Fr_Chuck
Aug 30, 2012, 03:07 PM
Yes there is a good chance they will let you go. But I am somewhat worried by why you had to go to the judge, normally your PO will just sign off in their office and there is almost never a court hearing for this.

So it would appear without enough info given, that the PO has refused to allow it, and has sent it to the judge. So if the PO does not support it, for any reason , very likely the judge will also refuse. ( but one never knows what a judge will do)

If you go anyway? You will be locked up in jail for 1week to perhaps 6 weeks pending a hearing, since you went after a hearing and being refused ( instead of going without asking at all) Depending on what your sentence is, yes I could see a number of months in jail or prison at least.

They will review the medical treatment, most likely don't expect the same high level of pain medication in jail.

But most states have a specific prison for medical, GA has one for people with illness like yours where they are treated by the state staff.

JudyKayTee
Aug 30, 2012, 03:25 PM
You certainly seem to know an awful lot about probation, and I'm sure you've had personal experience, judging by your replies.
I'm also sure you know the old saying about assuming, so I won't bother repeating it for you. Sorry to disappoint you, but in fact I do not have a felony conviction. In a year, if I live that long this whole thing will be a hard lesson learned and nothing else.
I never said not implied that the world revolved around me, and I posted my question with the hope of getting some intelligent responses, not to be trolled. Find somebody else to argue with, I don't need petty insults, I need answers.


Your attitude and comments are totally unwarranted - I know a LOT about the law. That doesn't mean I've ever been convicted of anything. It's called research and education.

So explain this to me - you are on felony probation but you don't have a felony conviction - ? How does that work?

Alty
Aug 30, 2012, 03:29 PM
Let's all take a deep breath here, go to our separate corners, and try to resolve this issue.

Grandmom2. The facts are this. You need permission to visit your son. It doesn't matter that your son didn't know you may not be able to travel. It doesn't matter that you have cancer (although I am very sorry to hear that), none of that matters.

What matters here is the law. Legally, if you don't obtain permission from the judge, you will go to jail. You are on probation. Terminal disease or not, if you violate that probation, you will go to jail, even if it means dying there. They won't care about that, and many people that are in the same shoes you're in now, have been there, and died in prison because they hoped that their illness would grant them mercy.

I realize that you want to see your grandchild. My recommendation is to see the judge, postpone the trip (most airlines will allow you to cancel the flight and then use it at another time as long as it's within a year). Get permission, rebook the flight, see your new grandson, and don't risk ending up in jail.

I wish you all the best, and again, I'm so sorry to hear about the cancer. I lost both my parents to this horrible disease. It truly is a nightmare to go through.

Grandmom2
Aug 30, 2012, 03:39 PM
Thank you for your reply and helpful information, Chuck. My PO told me that she could not authorize the trip due to the length of time and the distance. She has previously allowed me to travel within the state without ever denying any request. When I asked about this trip she told me I would have to get permission from the judge, and I wrote a letter to the judge.
The judge (or JA) sent me back a form, which was a "Motion to modify probation", which I filled out and subsequently was given a hearing date.
If you read the previous replies to the person trolling me you'll see that I've complied with everything required of me during my probation other than being able to pay the fines. The judge is aware of my financial situation and has been extremely kind so far.
This trip means so much to me, and because of my illness it may be the only chance I have to see my grandson. Due to the distance and cost, it isn't feasible for my son, his wife and the baby to travel here and stay in a hotel.
I have about 9 months left of my 18 months of probation, and I most likely will not survive until the end of it, so waiting until then isn't an option.
Thanks again for your reply. It is greatly appreciated.

JudyKayTee
Aug 30, 2012, 04:01 PM
Thank you for your reply and helpful information, Chuck. My PO told me that she could not authorize the trip due to the length of time and the distance. She has previously allowed me to travel within the state without ever denying any request. When I asked about this trip she told me I would have to get permission from the judge, and I wrote a letter to the judge.
The judge (or JA) sent me back a form, which was a "Motion to modify probation", which I filled out and subsequently was given a hearing date.
If you read the previous replies to the person trolling me you'll see that I've complied with everything required of me during my probation other than being able to pay the fines. The judge is aware of my financial situation and has been extremely kind so far.
This trip means so much to me, and because of my illness it may be the only chance I have to see my grandson. Due to the distance and cost, it isn't feasible for my son, his wife and the baby to travel here and stay in a hotel.
I have about 9 months left of my 18 months of probation, and I most likely will not survive until the end of it, so waiting until then isn't an option.
Thanks again for your reply. It is greatly appreciated.


Why wasn't your health taken into consideration when you were sentenced - or not sentenced, whichever side you are arguing? I'm in and out of Court all the time. I hear the "health" arguments. Have you applied for a modification on the basis of your health? I'm amazed that your Physician is allowing you to travel away from home for an extended period, away from your Physician and health-support team.

NOT traveling is part of your "punishment." Whatever crime you committed caused you to lose your freedom. Perhaps your Attorney was incompetent and the sentence is unfair. I don't know.

And, yes, I was widowed. I know all about travel and fatal illness.

What is the time frame here? When did you learn your grandchild was going to be born? When did you apply for permission?

And what was the felony conviction - or non-conviction, again, relying on what you've posted - for?

I'd also like to know your definition of the word "troll." I'm not seeing that it applies here. What do you think it means? (And I'm not blindly supporting or following "Smoothy." We've disagreed in public and in private - in this instance, I happen to agree with him.)

Again, you have 18 months left of probation? What was the charge or conviction - whichever word you prefer?

In brief - being chronically ill, being a self-proclaimed dying woman, does NOT allow you to live outside of the rules. If the Judge hasn't taken your health into consideration until now, why should "we?"

My suspicion, based on the length of "probation," the failure of the PO and Judge to take health into consideration - it's all about drugs, possibly selling, distributing, providing prescription drugs, ordered for OP, in someone else's hands.

Maybe OP will come back with the charge, conviction... and State.

Do you know why people don't get permission to travel when they're on probation? The Court system is punishing "them;" the Court feels "they" need supervision; the State they are traveling to has enough convicted felons and doesn't need any more.

I worked for the Feds. People with certain convictions, usually shoplifting, weren't allowed to enter. Know why? We have enough shoplifters in the US. There's no need to import any.

Fr_Chuck
Aug 30, 2012, 04:24 PM
First unless you are on very very strict probation, you don't need permission to travel within the state, a person on probation is almost always free to travel anywhere within the state at any time. They may have to notify the PO but that is all.

You did not say the "length" of the stay, a visit would be a couple of weeks, If you are wanting months, then they will need to arrange to transfer your probation to the other state.