So, my PO has done 2 "random" searches this year, never did any the first 3.5 years of my probation.

The first time they came, they found some bullets( no gun) that belonged to a friend.. They also found a bb gun, which is a toy. My Po told me to get rid of the bullets, so I did. We went over the terms of my probation, and there was nothing that said anything about look-alikes, just no real firearms.

This time, a different PO came to my house, and found the BB gun. They told me it's a violation, and I told them that I discussed it with my po, and found that it isn't against my terms. They took it anyway.

Now My Po, 1 day later, calls me in to tell me that she never said that, and that she's bringing me in front of the Judge to modify my conditions, to contain a look alike clause.
I was arrested for a drug sale, and have no violent past. I fell my Po is out to get me.

When I asked her for a copy of the policies and procedures manula, she said that the judge wolnt even consider a early relase until at least 4 years, while I believe NYS law to be 2/3rds of good time, i.e. 40 of 60 months. I have now done 47 months, and have had like no problems.

I Have been planning a visit to a college in NC, and now she told me I can't go. Its like what did I do wrong> I have had a job for like the first 3 years. I lost my job last year, couldn't find a new one. I was enrolled in college, which I am almost done with, as I'm graduating with my AS in business admin this summer.

I am just concerned because, now she's talking about making me come every 2 weeks, when I have been coming Once a month since my first year. I have done every court ordered requirenment, successfully completeing both in patient and my outpatient rehabs. I have always worked or been in school. I have not been arrested, and the worst thing I have gotten is a few speeding tickets last year. I since have sold my "race" car, and now drive a 4cyl truck, and haven't gotten a ticket in months.

I want to be released from probation, so I can transfer to a school in North Carolina, where I really want to go. My po tells me not to consider a school outside of NY, and I'm really confused on why she's riding me so hard, when I'm not doing anything worng.

Any help or advice would be greatly appreciated.

Thanks
Tim-

I don't think it is so much a case of your PO being out to get you but more that they stick together on things so she changes her story. If she told you they are going to do a modification clause to include the look alikes then it evidentially was not in your file so you can point that out to them.

Hello Tim:

I don't know why she's riding you. That's what they think their job is, I guess. I really have no idea what goes on with them.

Did you get the procedures manual? It doesn't matter what she says. It matters what you do. If you follow the procedures manual to get your transfer or early relese, and document everything you do, then it doesn't matter much what she says. It matters what happens.

excon

You never said what it was that landed you on probation and never said how long the probation was for. Did you do any jail time at all or was this strictly probation?

And if you want to get a transfer to another school, you can always request one also. At times it is the proper thing to have an attorney

I'm on probation for 5 years, after doing 4 months in county. I was charged with criminal sale of a controlled substance in the 3rd degree.

I read an article in the paper saying 6 people were charged with violations in my home town from probation. They called it operation nightlite, or something like that. I know she's not out to get me, but it just seems a little weird, that's all.
She says the judge wolnt let people off early, but I have seen him release people early in court. So I don't know.

I am going to get a copy of the procedures and policies manual. And go from there.

Most likely someone gave them info that they though you were back into drugs again, most of the searches come from someone giving them info

Yeah I guess, I'm not I only go to work and I go to the gym and I go to school. That's it.. lame I know.. lol..

Quote:

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Originally Posted by ms180sx

im on probation for 5 years, after doing 4 months in county. I was charged with criminal sale of a controlled substance in the 3rd degree.

I read an article in the paper saying 6 people were charged with violations in my home town from probation. They called it operation nightlite, or something like that. I know shes not out to get me, but it just seems a little wierd, thats all.
She says the judge wolnt let people off early, but i have seen him release people early in court. so idk.

i am going to get a copy of the procedures and policies manual. and go from there.

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Maybe when they told you not to have firearms they also meant bullets you were holding for a friend -

I did some research, under article 265 of the NYS penal law, on explosive tip or armor piercing bullets are illegal.
I also looked up probation and found the clause in the criminal procedures law that relates to probation.
I believe it is artilce 490.10 section 3.a that says " at any time the courts can reduce a period of probation or end probation if the following cirteria are met:
1) no more need for supervision
2) diligently followed all probation requiernments
3) there is no adverse effect to the public

So, I am preparring my case , getting all of the proof that I meet these requirenments, and am going to ask the judge for early release. If he says no, I am going to ask for unsupervised probation for the remainder of my probation 15 months, to show that I have become a responcible, law abiding citizen.

Reasons for early release include movign to attend a new college, ( no 4years schools in my county), and I prefer a school in the carolinas. Combined with my record of doing everything good, I see no reason why this request shouldn't be granted.

I'm already practicing for my law career.. lol