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-   -   How do I move on with my life (https://www.askmehelpdesk.com/showthread.php?t=260768)

  • Sep 15, 2008, 01:50 PM
    PropagateAmor
    How do I move on with my life
    Almost 2 years ago I was arrested for a DUI at the age of 20. I also had a large bag of marijuana and some cash in the car. No scale, extra bags, nothing of that sort. I was an idiot regardless, but moving on, I paid for a good lawyer, almost took my case to trial, when the DA mentioned if we didn't take his offer and pushed onto trial he would tack on a second felony of "transportation". They were already charging me with possession for sale(Felony). The transportation charge carried a state prison sentence with it instead of jail time with the sales felony. I had to bend over, I mean I did it to myself, no one is to blame. This was my first offence; well I had a possession of less than an ounce ticket when I was 18 but took care of it back them. I signed and pled guilty 10/11/07 with:

    Sentences:
    1 3 10/11/2007 Sentenced Suspended
    2 1,2 10/11/2007 3 years Probation
    3 1,2 10/11/2007 30 days Jail
    4 2 10/11/2007 $390.00 Fines
    5 2 10/11/2007 1 years License Suspension
    6 2 10/11/2007 3 months First Offender Alcohol Program
    7 2 10/11/2007 Mothers Against Drunk Driving (MADD) Victim's Impact Panel

    I am coming up on my first calender year on Formal Probation.
    The first time my PO did a house visit I had a small folding camping knife in plain view on top of my dresser. I had arrived back in town from a climbing trip to Josua Tree National Park the day before and had it with me there. Not used to the rules of probation it didn't cross my mind that was a violation. She simply took it and said she would hold onto it as "evidence" and I signed a form stating the county of orange had it. Since then she has drug tested me a whole three times and every time they come back clean. I have completed everything she has said I needed to before I could think about going on a lesser form of probation.
    The first time I asked her about the process of moving onto informal she laughed and said "I will come to you when I think you should be off formal". But I would casually bring up the subject to her and how I needed it in order to move closer to getting the "F" off my record in order to get a better job to start my life, go to college, pay this off...
    I feel that she is coming around now telling me I need to tell her when I go to court to ask to be on informal so she can email the judge and tell him what I have completed, that I am up to date on payments, clean tests, any violations(the knife), and if she conquers with the judge placing me on a lesser probation.
    I plan on asking to be in Informal AND or termination of probation on 10/11/08.
    I am trying to move to portland, Oregon ASAP, well as soon as the courts allow it.

    My questions are;
    Do I need a lawyer to ask this of the judge? Informal.
    Can I approach this myself?
    Can I ask for Termination of probation already?
    Can I request to move to Oregon now or should I wait? I have a place to live up there and can transfer from the restaurant I serve at here to the one next to where I would be living. I have many valid reasons for living - I can afford it there not here, school, employment...

    Thank you SO much for your time and advice,
    Ryan
  • Sep 15, 2008, 07:22 PM
    twinkiedooter
    It's too early to ask for termination. It's too early to ask for unsupervised probation. Not everyone gets unsupervised probation. Just because you want to move out of state is not a good enough reason for some judges to terminate you or give you unsupervised probation. You can read the sticky that excon posted at the top of the topic and read up on how to get your probation transferred to a different state. If you do not have such a great relationship with your PO (as you stated above), I wouldn't keep pestering her about getting off probation or getting unsupervised probation. You would have to wait until at least 2 years have gone by and paid all your fines and did all your community service and/or rehab or whatever sanctions were imposed on you prior to asking anything. You are young and impatient and the PO and judge just might have other things in mind for you right now instead of letting you off probation or giving you nonreporting probation.
  • Sep 15, 2008, 07:43 PM
    Fr_Chuck
    You can ask to see the official rules for requesting lowering or getting off probation, Opinion, you have not even done 1/2 of the probation at this point, so I doubt anything will be done. You can ask to have your Probation transferred to where you want to live.

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