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    l1saraye's Avatar
    l1saraye Posts: 5, Reputation: 1
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    #1

    Jul 28, 2008, 01:38 PM
    Felony probation felony violation-what will happen?
    I have a godson whose mother is a convicted felon for forgery/writing checks, and is on felony probation, she was recently arrested, they had a bench warrant out for her arrest. She went to court, plead guilty, and went to court this morning to see what the charges were, they consisted of: usage of alcohol, usage of marijuana, usage of methamphetamines, failure to make curfew, failure to finish counseling, failure to make her rehabilitation... She was originally given 3 years with 2 indeterminant? What ever that means. She ended up with probation, community service, which she hasn't done and restitution that has not been paid. I know she will get jail time, but I am so concerned for her son, my godson and what will happen to him. Any thoughts out there as to what might happen> I need to make accommodations for her little boy. Please anyone with any ideas/thoughts please respond
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 28, 2008, 01:48 PM
    Most likely at the very least she will have to spend the 3 years in jail.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #3

    Jul 28, 2008, 02:19 PM
    Yes I would say she is gone for some time, first on the probation and then she will have to face new charges for the drug charges ( assuming she was charged) Are you keeping the child now. Most likely you will need to see about getting temp guardianship over the child at least until she gets out of jail. You can wait till she is sentences assuming she is letting the boy stay with you, while she is now locked up
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jul 28, 2008, 04:29 PM
    She will definitely be spending some time in jail. She may be sentenced to her original 3 year sentence. She has to make arrangements for her son before she leaves and goes to jail. It is essential that she do this as trying to do anything from jail will be next to impossible to accomplish. This is where your help will be essential in making sure her son is properly taken care of in her absence.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 28, 2008, 04:58 PM
    Quote Originally Posted by l1saraye
    I have a godson whose mother is a convicted felon for forgery/writing checks, and is on felony probation, she was recently arrested, they had a bench warrant out for her arrest. She went to court, plead guilty, and went to court this morning to see what the charges were, they consisted of: usage of alcohol, usage of marijuana, usage of methamphetamines, failure to make curfew, failure to finish counseling, failure to make her rehabilitation...She was originally given 3 years with 2 indeterminant? What ever that means. She ended up with probation, community service, which she hasn't done and restitution that has not been paid. I know she will get jail time, but I am so concerned for her son, my godson and what will happen to him. Any thoughts out there as to what might happen> I need to make accommodations for her little boy. Please anyone with any ideas/thoughts please respond

    She has to make arrangements for her son - temporary custody, most probably.

    You have no legal standing here.

    And I agree with the others - she was excused from jail if she met certain conditions and did not so she most likely will go to jail.
    l1saraye's Avatar
    l1saraye Posts: 5, Reputation: 1
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    #6

    Jul 29, 2008, 08:09 AM
    Quote Originally Posted by JudyKayTee
    She has to make arrangements for her son - temporary custody, most probably.

    You have no legal standing here.

    And I agree with the others - she was excused from jail if she met certain conditions and did not so she most likely will go to jail.


    I do have legal guardianship/Power of Attorney for my godson if anything happens to her. I have been hesitant to take him from his home until I knew what was going on. He has adult siblings where he currently resides, and is safe and taken care of, but if she goes to jail for any length of time, I will then need to move him, but did not want to cause undue stress for him. Thank you all for your help and insight, every little bit helps
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 29, 2008, 08:17 AM
    Quote Originally Posted by l1saraye
    I do have legal guardianship/Power of Attorney for my godson in the event that anything happens to her. I have been hesitant to take him from his home until I knew what was going on. He has adult siblings where he currently resides, and is safe and taken care of, but if she goes to jail for any length of time, I will then need to move him, but did not want to cause undue stress for him. Thank you all for your help and insight, every little bit helps

    A Power of Attorney has nothing to do with this situation. I would ask an Attorney for advice - if "something happens to her" might mean her death or it might mean something more comprehensive.

    The Law would prevail and if a blood relative wishes to take custody of the child the wishes of the mother could very well be ignored. Of course, there would be a hearing and all living situations would be evaluated.
    l1saraye's Avatar
    l1saraye Posts: 5, Reputation: 1
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    #8

    Jul 29, 2008, 08:21 AM
    We had an attorney draw this document up just in case this exact situation occurred. The mother knew that the odds were against her, and wanted to make sure that he was taken care of, there is no family fighting for custody, it is understood that due to financial reasons and stability he is to be with me.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 29, 2008, 08:22 AM
    Quote Originally Posted by l1saraye
    We had an attorney draw this document up just in case this exact situation occured. The mother knew that the odds were against her, and wanted to make sure that he was taken care of, there is no family fighting for custody, it is understood that due to financial reasons and stability he is to be with me.

    I believe it can still be challenged - the mother cannot waive the legal rights of her blood relatives - but it sounds like you should begin to make your move to take custody.

    What does the mother say about this?
    l1saraye's Avatar
    l1saraye Posts: 5, Reputation: 1
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    #10

    Jul 29, 2008, 08:34 AM
    We discussed it right after she was arrested, we both decided to wait and see what the final outcome was. I already provide monetarily and he spends a great deal of time with my family. Their family does not have the stability or monetary means with which to take care of him, and while they may want to keep him, they know it is not possible. I just hesitate to uproot him until we know exactly what is going to happen.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 29, 2008, 08:56 AM
    Quote Originally Posted by l1saraye
    we discussed it right after she was arrested, we both decided to wait and see what the final outcome was. I already provide monetarily and he spends a great deal of time with my family. Their family does not have the stability or monetary means with which to take care of him, and while they may want to keep him, they know it is not possible. I just hesitate to uproot him until we know exactly what is going to happen.


    I agree, uprooting him now before you know what is going to happen is not necessary and could be harmful but I don't understand what your legal question is - ?
    l1saraye's Avatar
    l1saraye Posts: 5, Reputation: 1
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    #12

    Jul 29, 2008, 09:05 AM
    The original question was what this forum feels could be the final outcome as far as what will happen to the mother with her violating her felony probation, did they feel that she would serve time or continue on with probation. I just want to make sure I have everything done that needs to be done for my godson should she have to do serious time. Part of me feels that yes she has violated her probation, but that there are worse criminals out there and the jails are so full, that they would weigh the pros and cons and keep her on probation because she is not a menace to society, she has a drug problem, but she is not violent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jul 29, 2008, 09:11 AM
    Quote Originally Posted by l1saraye
    The original question was what this forum feels could be the final outcome as far as what will happen to the mother with her violating her felony probation, did they feel that she would serve time or continue on with probation. I just want to make sure I have everything done that needs to be done for my godson should she have to do serious time. Part of me feels that yes she has violated her probation, but that there are worse criminals out there and the jails are so full, that they would weigh the pros and cons and keep her on probation because she is not a menace to society, she has a drug problem, but she is not violent.


    Wow - you're between a rock and a hard place. You obviously really care for her as well as her child. No one can predict what the Court will do but it sounds like she is in severe violation of probation and she'll probably do some jail time.

    Wonder if the Judge would consider some type of residential treatment center? Some Courts are more understanding than others.

    Does the child actually live with her? Who takes care of him when she's using?
    Mrs.St.Louis24's Avatar
    Mrs.St.Louis24 Posts: 2, Reputation: 1
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    #14

    Mar 12, 2012, 09:42 PM
    My husband got locked up for probation violation.from the firest time he got locked up he been in a rehabilitation facility.he been discharge for an incident of someone stealing his stuff.what will happen to him?
    Mrs.St.Louis24's Avatar
    Mrs.St.Louis24 Posts: 2, Reputation: 1
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    #15

    Mar 12, 2012, 09:46 PM
    My fiancé got locked up on a violation.he been in a drug treatment for 2 1/2 years when he only suppose to do six months.he Neva been in trouble Eva since until he got discharge on Friday.he caught someone stealing his things in the program.his p.o violate him.wat will happen to him?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Mar 13, 2012, 06:36 AM
    He could be sentenced to additional time, warned with no additional time, receive the sentence he would have received without probation - hard to guess. It's up to the judge.

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