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-   -   Violated Probation but still free (https://www.askmehelpdesk.com/showthread.php?t=215952)

  • May 14, 2008, 12:56 PM
    GRITS
    Violated Probation but still free
    I know someone in Virginia who was placed on 3 yrs probation in Dec 2005 for grand larceny of a firearm. Since that time, this person has failed a drug test when the PO showed up on their job because they missed an appointment. Lost their job because the PO showed up at their job and they didn't tell employer they were on probation. Been found guilty of shoplifting, found guilty of attempted grand larceny and conspiring to commit grand larceny( in which more probation was added), found guilty of wreckless driving & no valid DL and ordered to attend VASAP, now they have to go to court for Violation of VASAP and driving with a suspended DL. At what point do the courts consider that this person is in voilation of probation? They are now trying to use the fact that they have a minor child in the house and the spouse has orders to go with the military unit to Iraq in the fall to try to stay out of jail and just serve house arrest. Keep in mind all this has happened from Dec 2005 to May 2008. Is there anything that I can do to help influence the judge to put this person in prison?
  • May 14, 2008, 01:59 PM
    twinkiedooter
    Write the judge a letter. Send a copy to the prosecuting attorney and the probation office. State your reasons clearly and distinctly why you feel the person should go to jail. Don't wait until the hearing to do this. Do this as soon as possible so that the letter will be brought to the judge's attention.
  • May 14, 2008, 06:54 PM
    Fr_Chuck
    The courts leave it up to the probatoin officer, if the probation officer wants to revoke them, they write it up, and it will go before the judge.

    If the PO is trying to work things out, but often they look at the original crime, and may not hold the drinking issues that high up in revolking, while others do it for first time.

    So it is up to what type of PO they have
  • May 15, 2008, 06:23 AM
    excon
    Hello Grits:

    So, you know someone who should be in jail... Join the club. And, it's YOUR business, WHY?

    Boy, I'm glad you don't know me.

    excon
  • May 19, 2008, 08:26 AM
    kings_county
    Grits-
    Unless this person is putting you in danger personally, you should do the following: stop being a snitch.
    Thanks.
  • Jun 26, 2008, 02:03 AM
    JimGunther
    I was a probation officer for seven years in Maryland. I have had a person on as many as five probations at once, even though the later probations violated the earlier ones. BTW, judges do not always accept the recommendations of the probation officer.

    As a general rule, a new conviction for a jailable offense will violate probation, but that doesn't mean the person will automatically go to jail.

    In my state, we had something known as the ADR hit system. Automatic disposition reporting. I would get a computer-generated notice that someone had picked up a new charge and was required to notify the court when they were convicted. In my report to the court, I was required to make a recommendation as to what I felt should happen to the person if they were convicted of violating their probation. I can tell you that most of the time when I suggested jail time, the judge did not follow my recommendation unless the new conviction was something serious. The jails are just too full here and MD is a liberal state with a tendency to be lenient on criminals, even repeaters.

    Everything you mentioned is something the PO should already know and should be in their report to the court. I don't see why you should have to do anything.
  • Dec 6, 2009, 08:29 PM
    Blackty
    I'm on probation for a DUI I get off dec22 I got a drug charge that I'm fighting which was postponed I see a judge tomorrow about the violation a warrant wasn't issued will I be able to get that postpone as well until I go back to court for the new charge violation in Hagerstown md
  • Dec 7, 2009, 05:18 AM
    excon

    Hello B:

    I don't know if you can get it postponed. I can tell you that the things you need and want will come easier if you have a good lawyer.

    excon

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