Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Scared to death about probation (https://www.askmehelpdesk.com/showthread.php?t=214964)

  • May 11, 2008, 09:24 PM
    lizsc1
    scared to death about probation
    Hi! It would be greatly appreciated to get some advice.. Im driving myself insane!!

    I received a DUI in TN Nov 2006. I was 21 and VERY irresponsible and STUPID. I am from Myrtle Beach,SC. My husband is in the army (thats why I was in TN/KY to begin with, he was stationed there, boyfriend at the time). I spent the night in jail (horrible) and was released the next day. I went back home to SC, got an attorney in TN, we eventually went to court in July 2007. The judge gave me 48hrs jail, and a year probation. I have been on probation 10 months now. It was never transferred to SC. I just had to phone in once a month. I have done drug test after drug test. Paid the majority of my fines and court costs. But, my husband was stationed in WA state, I had to move there from SC. I called my PO every time I went anywhere.. and she always seemed extremely annoyed with me when I called her.. never met her in my life. But she WAS extremely rude EVERY time I talked to her. I flew back home to SC from WA because my grandmother had unexpectedly passed. When I got home to SC I found a letter from the PO wanting a drug test and to phone in. I called her, explained what was going on, and she started yelling at me. I told her I had JUST received the letter, and would do whatever I had to do to make things right. She knew I was moving to WA, I got her permission. But, she never asked for an address in WA. She sent the letter to SC. But, ultimately, that was my fault.. she had told me I had violated my probation, I was crying, asking if there was someone else I could talk to... she said Yes, You have a new PO, I don't want to speak to you anymore. SO, after that, she wouldn't answer my calls, return my messages, and sent me a YOU HAVE A WARRANT OUT FOR YOUR ARREST...

    I was almost off probation. I have never been in trouble before in my life. I am enlisting in the army as soon as I got off probation in July.. and this miserable lady just f^&*ed me so hard. I know I messed up.. this was 2yrs ago.. never been in trouble before OR after.. Im 23 now. I made ONE stupid mistake and I feel like Im going to be paying for it forever. Im scared all the time when I drive, Im afraid when someone rings the doorbell its going to be a police officer taking me to jail (the worst thing EVER). And, worst of all, I have been trainind for a whole year to enlist in the army... I feel like such a loser. ANYONE, please help me. I have an attorney... but there has to be something more... Is my life really going to be this hard... over one irresponsible mistake?
  • May 11, 2008, 10:00 PM
    Greg Quinn
    Your attorney can find out who your probation officer is. Also, you can discuss this with your new PO. If you have a warrant out for your arrest... Then why would you have a new PO? I'm thinking that this broad is just Bleeping with you. Make sure you contact anyone and everyone you can to find resolve asap. No matter what happens you can appear before the courts and plead your case and explain it all. Judges are understanding people, it is obvious that you are not a criminal.
  • May 11, 2008, 10:10 PM
    lizsc1
    Thank you so much...

    When I called her after I received her letter, we kind of got into it, Im a very respectful person, I never once disrespected my PO. But I did start crying and asked for someone different. She told me she didn't want to speak to me anymore, and I was being assigned a new PO. I Called the new PO a week later to ask her to fax the State of TN requirements to my drunk driving class here in SC (bc they asked for it).. and the new PO said "Ms.Majors is violating you" I asked for what, and she told me I needed to talk to her.. so she transferred me... she never answered. I called back numerous times, left messages, and she never would talk to me. I received the warrant notice in the mail a few days ago, called my lawyer in TN, and he is saying we will work it out. But its so ridiculous. I was so close to being off.. and she HAD to violate me. Now, I have to pay my lawyer again.. to go to court, and I have to drive to TN to turn myself in and get bonded out.. it all seems so petty.
  • May 11, 2008, 11:47 PM
    Greg Quinn
    It is petty. That woman is a BLEEP!
  • May 12, 2008, 02:41 PM
    twinkiedooter
    This is not petty. Your attorney needs to get something done on this as you could be picked up or if in a traffic stop and your name is run in the computer, you will be taken to jail. Your attitude of thinking this is no big deal must change. It is a big deal now and you need to get it resolved as there is a warrant out for your arrest. If they violated your probation and have a warrant out for your arrest you could spend some time in jail. What does your attorney say about this? Did you get written permission from the PO (and not just a phone call) saying you could go to Washington state in the first place?
  • May 12, 2008, 03:51 PM
    plonak
    Hon, it is most probation officers mission to keep you all in jail. They are pissed off people and hate dealing with offenders. My boyfriend is on probation and he deals with so much crap, his PO is SOOO mean to him and they violated him on freaking SMALL things, just because they think he should go back to jail.. Im sorry this happened so close to your end time, but doesn't it seem kind of ironic that this violation was so close to being over? I do.. those people are surly evil..

    I would do what twinkiedooter says take it seriously.. and get this matter resolved fast!
  • May 12, 2008, 03:58 PM
    Greg Quinn
    Good luck, I know its hard to turn yourself in.
  • May 12, 2008, 04:02 PM
    Fr_Chuck
    You can not advoid this, and you can not inlist in the army with this outstanding,

    The warrant will be a probatoin violation warrant and it means you are going to have to appear in that court and answer why you had broken the rules. If you and your attorney explain it to the judge he may just let you off probatoin if the time is now over. If not, he may add some new term that has to be finished.

    The main issue, the longer you go without doing something, the worst it is going to be when you do finally go to court and address it.
  • May 12, 2008, 04:14 PM
    lizsc1
    Thanks to everyone for their in put.

    I told her I was moving to WA. She said OK. I called her every single time I left my state of SC and flew ANYWHERE. She would just simply say OK. When I told her I drecieved her letter in SC but I had told her I was moving to WA because my husband was being ordered there. She said I should have given her the address... I told her she never asked for one. And she was extremely pissed. She gave me a new PO, and then violated me.

    I know I can't enlist until this is taken care of.. I was about to before I was put on probation. Ive waited almost a year, 2 months left now.. and now this.

    My lawyer is planning for me to come to TN, turn myself in, and immediately be bonded out. I know it isn't petty. I know this is serious... thats why Im so terrified of this whole situation.. I spent 48hrs in jail... and it was the worst 48hrs of my life.
  • May 12, 2008, 04:52 PM
    excon
    Hello liz:

    You fell into the trap of thinking the probation people were looking out for you. But, you found out that it isn't so... We all learned the hard way. Don't feel bad.

    Next time (or this) document everything!! When you talk to them about anything germain, follow it up with a letter outlining the conversation. Do as LITTLE by telephone as possible. Do it in person (follow up with a letter), or do it by mail.

    This people are snakes... Don't let 'em bite you again.

    excon
  • May 12, 2008, 08:24 PM
    lizsc1
    Probation part2.
    So, after I turn myself in... which I am going to do asap... will I be able to bond myself right back out? Im soooo scared I am going to go there and be there forever.. Jail was the scariest place I have ever been. I know I deserved it. I made the choice, and now I deal with it. But, its like... how LONG will I have to deal with it? And suffer from this stupid irresponsible mistake that I made 2 YEARS AGO?

    I know that probation was the alternative for me doing jail time.. As in, they gave me 11 months, 29 days probation.. so worst case... can they make me do 11 months, 29 days in jail now? Since I didn't "comply" to the rules??

    I feel like I have done everything right.. I always looked out for the things I did, I never put myself in situations, or around people that could interfer with my probation. I took it serious. I just guess I didn't really believe that after all this.. she would violate me.

    My husband is being deployed for the 2nd time in Sept.. Im so scared that I will be in jail before that time comes.. This whole thing is stressing both of us out.. Hes upset because he can't make it all go away for me.. and Im upset that I am putting him through this.. after EVERYTHING he has been through...

    I just need to know that Im not going to go to jail for a long time.. I don't think I would survive... I barely did the 48hrs.
  • May 12, 2008, 08:31 PM
    Fr_Chuck
    I have moved your post to a answer on the original, people who have not read part one would have little idea what you are talking about.

    1. your attorney should have bail arranged, it is not automatic esp on a probation violation, Most likely you will get a strong warning from the judge, maybe closer probatoin rules to follow for a extended time
    ** my guess anyway
  • May 12, 2008, 08:42 PM
    Greg Quinn
    There is a process, make sure you turn yourself in on a Monday, this way you will not be stuck waiting to see a judge over a weekend.
    Your lawyer will be involved in the process of turning yourself in and he/she should be there to explain the special circumstances to the judge. Fr Chuck is right, either no punishment, fine or extended probation should be all that you can expect from this very minor violation. Most likely you will be out that day, or the next morning. At worst, you will be given an option to post a low cash bail in exchange to promise to appear in court on a later date to plead innocent or guilty to the charges.
  • May 12, 2008, 08:42 PM
    lizsc1
    Sorry about that..

    And thank you... it makes me feel a lot better.

    But still, is WORST CASE I could have to do the original probation in jail 11 months, 29 days??
  • May 12, 2008, 08:50 PM
    Greg Quinn
    What are the odds that you would get an insane judge? I would say pretty darn unlikely, just make sure if your lawyer is not present when you see the judge... That you tell the Judge everything you said here, and what your plans are for your future. Make sure you come on here and tell us how it worked out too.
  • May 12, 2008, 08:55 PM
    lizsc1
    Thank you... but WHEN will it all be over? Its so expensive flying from one side of the country to the other... once I have someone drive me 14hrs to TN, turn myself in, hopefully get out, then drive back home to SC.. then fly back to WA... then back for a promised court date... its all so overwhelming... I just want it to be over with... so I can join the army and live the rest of my life in peace... and never drink alcohol again... because it was SOOOO not worth all this.. I think I'm going to have a nervous breakdown before its all over
  • May 12, 2008, 09:03 PM
    lizsc1
    Ha!! This one is to you Mr.Quinn... the lawyer that I had when I got the DUI.. I had done some research on laywers in that area.. he seemed to be a good one.. I retained him, went to court feeling like it was all going to be dropped.. the lawyer pretty much convinced me it was going to be dropped... he had rescheduled my court date several times... when we finally went to court... the judge was HIS DAD... and the judge gave me everything he could except death by lethal injection... I was in shock. And so was my lawyer...

    But, my parents did the research this time... and I have the best lawyer in TN..
    But I still have my doubts.. nothing will surprise me anymore... especially after that
  • May 12, 2008, 09:41 PM
    Greg Quinn
    LOL... He'll get you off. I hope that lawyer hates his dad now... Wait, that's a conflict of interest. Couldn't you have your charges and sentence thrown out of court??
  • May 12, 2008, 09:47 PM
    Greg Quinn
    Conflict of interest

    1. the circumstance of a public officeholder, business executive, or the like, whose personal interests might benefit from his or her official actions or influence: The senator placed his stocks in trust to avoid possible conflict of interest.
    2. the circumstance of a person who finds that one of his or her activities, interests, etc. can be advanced only at the expense of another of them.
  • May 12, 2008, 09:51 PM
    Greg Quinn
    Quote:

    Originally Posted by lizsc1
    thank you... but WHEN will it all be over?? Its so expensive flying from one side of the country to the other... once I have someone drive me 14hrs to TN, turn myself in, hopefully get out, then drive back home to SC.. then fly back to WA...then back for a promised court date... its all so overwhelming... I just want it to be over with... so I can join the army and live the rest of my life in peace... and never drink alcohol again... bc it was SOOOO not worth all this.. I think im gonna have a nervous breakdown before its all over

    -----------------------
    It depends on the prosecution, and how you choose to plea... And if they will eventually drop the charges, they should also be able to transfer your case to a court near you.

  • All times are GMT -7. The time now is 01:01 AM.