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My daughter who's probation was about to expire May 7th has been extended for a year due to her not paying off fines well a fight broke out at her apt. and along with everyone else she was arrested for obstructing and officer (her po said it was probably because she lied) well now her po said she is going to be in jail for 1 to 2 months up to 4 months. Since it's going to be that long does that mean that she is revoking her probation? Or can they hold you that long because of the charge?
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Originally Posted by lizzy715
You posted the first part of this once before and the opinion was that she violated probation and could have been sent back to jail OR given an extension to complete the terms and conditions of her probation - paying the fines.
She has now violated a second time and I would expect her to be revoked - particularly if she was obstructing the Police.
Yes, they can hold her that long as part of the violation.
When you are on probation - there is no REAl justice. You are convicted! And will remain CONvicted until after you have satisfied your probation. The best advice from someone that has been in the system is stay straight and stay home until its finished or you will continue to stay in the system and keep gong round and round.
I understand she did this to herself but as her mother I feel horrible that she'll have to sit in jail that long. I think if she would revoke herself it would be less time in jail. Although I don't know much about that either.
I am so sorry that your baby is even in the system - but once this happens the action is now to be pro-active and not re-active. She has to do what is necessary to remove herself from the legal environment unless she works for it. The answer is find another outlet to thrive in. hope it works out. Do what they say and keep every scrap of paper to prove she has conformed to their requests.
I'm sorry that your daughter has to sit in jail, but had she been sentenced to jail originally what would have been her sentence? She baasically messed up having so little time left to do and not paying the fines. Probation is not meant to take lightly such as she did. Your daughter's PO probably has a handle on just how much time she will have to do. Tell her that if she wants to get released early from her jail time to volunteer to do any work within the jail that she can. Some jails have a program that if you work say in the laundry washing clothes you get one good day for every 3 days worked. This could mean she can come home early. Tell her to ask about this the second she gets settled in a permanent spot in jail. Even if it amounts to only 10 days of good time - that's 10 days less she has to be there. It will also give her something to do rather than sit around, eat and get fat and bored. You'd be surprised to know how many girls go to jail and sit on their rumps and don't want to do anything to get out earlier.
From what I heard my daughter's PO said that if she came up with $1000 she would release her otherwise she plans on revoking her. Guess I will have to call her PO to see if that is the case.
Now new problem has arose. My daughter's landlord gave her grandma a 5 day eviction notice to give to her because of the fight that took place at her apartment. Although it is her fault her landlord thinks he can do as he pleases. He has went into her apartment 2 times since she went to jail. Today was one of those days. I told him she would be out May 10th and he didn't say anything about her having to move until today. She did no damage to the apartment in fact she moved in there in April and he already has a check out list prepared as to what he is keeping money wise from the security deposit and we haven't even moved her out yet! She isn't even late on rent. It's just unreal what landlords think they can get away with.
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Originally Posted by lizzy715
It has nothing to do with what landlords "think they can get away with." I'm not sure who actually was renting and/or living in the apartment but this appears to be where the fight occurred - ?
This is not going to make you happy but it would appear from what you have posted that your daughter was on probation, didn't pay her fine (a requirement of the probation), had probation extended, a fight broke out in her apartment and she was charged with obstruction of justice for resisting the Police. Doesn't sound like she's a model citizen.
As a landlord - this type of behavior is disruptive to the other tenants and I think the landlord is within his/her rights to proceed with the eviction. It has nothing to do with the rent and/or damage and everything to do with what the other tenants have to live with. If there is a checkout list already prepared concerning why the landlord is keeping the security deposit I would say there is damage caused during your daughter's tenancy. If there was a fight in the apartment there's a good possibility there is, in fact, damage.
Should the landlord have entered the apartment? I don't know - did he have reason to enter? Following a fight involving resisting arrest charges he very well may have had good cause to suspect damages.
If you believe the landlord is discriminating against your daughter, breaking the lease for no reason, evicting for no reason - then contact an Attorney or go to Small Claims Court but I think you are going to lose the case. The landlord, if there is not sufficient money to cover the damages, may take your daughter to Small Claims Court anyway and then you can countersue.
Yes she did this to herself. But there are no damages. He charged $100 for cleaning and like I said before we didn't even move her out yet. He went into the apartment the first time to check for damages and told me there wasn't any and then I confirmed that myself when I went in. Then he went into the apartment again without permission. I understand fully that had she been doing as she was told and following the rules that this would have never happened in the first place. Im not trying to justify what she has done by no means but it doesn't excuse the landlord's behavior either. Like I said when I talked to him he just seemed more worried about getting rent money ( that isn't due until May 2nd) than what took place in the apartment. And he would have gotten his rent money on time.
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Originally Posted by lizzy715
I understand but how he "seemed" doesn't really matter - did he actually evict her? What were the grounds? As I said - I would be worried about the other tenants.
(I realize you're between a rock and a hard place here.)
He gave her a 5 day notice to move. On the notice it doesn't say why but he said because he didn't want any parties at the apartments and she had 5 people over who got into a fight and all were arrested. Gave her a notice to terminate tenancy. It's a notice to quit tenancy. Then gives list of why he withheld security deposit. Which does not include damages because like I said there wasn't any.
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Originally Posted by lizzy715
OK, so now we know why she got evicted. If the security deposit is withheld and there were no damages, take photographs showing no damages and take the landlord to Small Claims Court. Well, you wouldn't, your daughter would -
Just wanted to say thank you to all that replied. I got her moved out and cleaned the apt. spotless and yes took pictures to prove it. So will we just have to wait and see what the landlord sends her. Usually the landlords have 21 days but he already gave me a checkout list of deductions so not sure if we can take him to small claims now or if he still gets the 21 days from the time she moved. I haven't rented in 10 yrs and when I did rent I never had a landlord do a walk through before I moved out!
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Originally Posted by lizzy715
Thanks for coming back with the update - hopefully all will work out, your daughter has learned a lesson, you'll get some peace and quiet!
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