to begin my 21 yr old daug. Was put on felony probation in Florida for 3 years, her charges were 2 counts of dealing in stolen property and buglary of unoccupied structure. 1 yr ago a month after being on probation, before she even got a probation officer she was arrested for what they say was agg. Assult which was later dropped because of no evidence and the other party honestly said she lied about the story. My daug. As of feb. 09 transferred here to Ohio. On march 23 09 she left state not knowing she was in w. virginia with a friend, only 3 hrs away she had an accident which put her in the trauma unit in charelston w.v for 3 days. Someone called her p.o and said she was out of state. (have a voice mail where her x-bf said he was going to call her p.o and have her put in jail). Her p.o showed up at our home 4-3-09 a day after I got the voicemail, screaming at her that she was violating her, she wasn't putting up with her bs and she was going back to Florida. She wanted her in the office the next a.m which she was present. Po did a drug test, which system was clean. Her po told her she was violating her for leaving state. She has been to 2 appts. Since then and just has been told she is waiting to see what fl. Wants to do with her.. my daug. Is 5 months. Pregnant. And this is taking a toll on all of us not knowing what and when something is going to happen. My question are: is there any chance she can stay here in Ohio? How long can all this waiting take? Is she looking at a lot of jail time?does the po have the right to kick her out of the state and not allow her back till her probation is complete? And is this another charge and if so is it a misdemeanor? And last, the vop charges that were dropped 1 yr ago is that going to be a factor? Please any advice is helpful. Can't afford an attny and wouldn't know what state to get one in at this point.

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Originally Posted by crystalp

please any advice is helpful. can't afford an attny and wouldnt know what state to get one in at this point.

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Hello crys:

She needs a lawyer in Ohio. There is NO other advice. Make payments.

This is like lots of threads we get on the medical boards... They'll go on and on about how sick they are, and then ask us what they should do?? If one is SICK, there is only ONE thing to do.

If one is in BIG trouble with the law, there is only ONE thing to do.

Do you know how much it can cost your daughter over the course of her lifetime with a felony drug conviction?? We could we talking about MILLION'S of dollars... HIRE A LAWYER FOR HER!!

excon

It's irrelevant that she didn't know she was in West Virginia. It's basically her ignorance that caused everything. And the PO is correct in wanting to violate her for leaving the state. She's already been transferred from Florida but Florida ultimately has the final say. She may have to attend another probation violation hearing at which time the Judge will determine her punishment. It could be as severe as serving her original probation time in jail for 3 years. And no, it does not matter if she's pregnant as many other women have gone to prison pregnant. The child would be born in a prison hospital facility. Happens every day. Or the judge could opt for more probation time.

You can thank the ex boyfriend for her present predicament. He must really be an angry person. Hope he's not the father of the unborn child.

As Excon said, hire a good criminal attorney. These days you can't always tell what a judge will rule in probation violation cases.

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Originally Posted by twinkiedooter

It's irrelevant that she didn't know she was in West Virginia. It's basically her ignorance that caused everything. And the PO is correct in wanting to violate her for leaving the state. She's already been transferred from Florida but Florida ultimately has the final say. She may have to attend another probation violation hearing at which time the Judge will determine her punishment. It could be as severe as serving her original probation time in jail for 3 years. And no, it does not matter if she's pregnant as many other women have gone to prison pregnant. The child would be born in a prison hospital facility. Happens every day. Or the judge could opt for more probation time.

You can thank the ex bf for her present predicament. He must really be an angry person. Hope he's not the father of the unborn child.

As Excon said, hire a good criminal attorney. These days you can't always tell what a judge will rule in probation violation cases.

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I appreciate all the advice however.. this is not a drug issue in anyway and I am not using the pregnecy as a pitty, I was saying that is it very stressful on her not knowing what and when things are going to happen. We are well aware there is a chance she will have this child in jail/prison (which we are praying this won't be so). I believe it is relevant that se didn't know she entered another state, this can prove it wasn't a willful violation. Is this correct? She wasn't driving and had no clue.

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Originally Posted by crystalp

i believe it is relevent that se didnt know she entered another state, this can prove it wasnt a willful violation. is this correct?? she wasnt driving and had no clue.

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Hello again, c:

I see that her conviction wasn't for drugs. My bad. It doesn't change my advice..

I think you're right. She didn't willfully violate probation... I think you're wrong about it being relevant.

She's NOT allowed to BE in another state. She will be presumed to be an adult who is responsible for herself, and they'll treat her that way, even if it's not true.

She WILL be violated. You have heard the refrain, that ignorance of the law is not a defense, haven't you? It's true.

excon

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Originally Posted by excon

Hello again, c:

I see that her conviction wasn't for drugs. My bad. It doesn't change my advice..

I think you're right. She didn't willfully violate probation... I think you're wrong about it being relevant.

She's NOT allowed to BE in another state. She will be presumed to be an adult who is responsible for herself, and they'll treat her that way, even if it's not true.

She WILL be violated. You have heard the refrain, that ignorance of the law is not a defense, haven't you? It's true.

excon

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Lol, thanks and yes we understand she has violated and what is done is done she's not going to fight the issue she was out of state. Were more concerned on if there is a chance she can be reinstated on probation (is it possiable because of the charge when she was 1st put on probation.) and is there a chance the can keep her here in Ohio? This has been going on for almost 2mos now and it's very draining. I don't know if I will be living here or move back to Florida to be with her. There is at this time a warrant in fl. For her. Were just trying to get an idea of how much time and where she will end up. And how long she can be considered violated?

Hello again, c:

You keep asking questions that are NOT answerable. I could say YES, that everything you'd like to happen CAN happen. Or I could say that NONE of it will happen... But, I have NO clue.

You, like MANY of the people who ask questions here, think the outcomes of certain situations are WRITTEN in stone, and all somebody has to do is look them up in a book.

But, that ISN'T true. What's true, is this is in the hands of her PO. She can do ANTHING! In terms of your daughter, she's more powerful than God. Therefore, since it's NOT written in stone, the PO CAN be influenced. YOU aren't the ones who can do it. A LAWYER can.

So, instead of asking what the outcome can be, why don't you DO something about it??

excon

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Originally Posted by excon

Hello again, c:

You keep asking questions that are NOT answerable. I could say YES, that everything you'd like to happen CAN happen. Or I could say that NONE of it will happen..... But, I have NO clue.

You, like MANY of the people who ask questions here, think the outcomes of certain situations are WRITTEN in stone, and all somebody has to do is look them up in a book.

But, that ISN'T true. What's true, is this is in the hands of her PO. She can do ANTHING! In terms of your daughter, she' more powerful than God. Therefore, since it's NOT written in stone, the PO CAN be influenced. YOU aren't the ones who can do it. A LAWYER can.

So, instead of asking what the outcome can be, why don't you DO something about it?????

excon

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I am doing something about it, all that I can afford to do and that is research and helpful advice. Just concerned that she has so called been violated for 2 months now, I have never heard of such a thing. When you violate, you violate and you are arrested. Probation revoked. Had appt. today with p.o and she said she just sent the paperwork into Florida, return back 6-10. Before she was waiting on what Florida wanted to do with her, but she just now sent the paper work in. a little confused... and I'm asking for any advice, or ideas. Not miraclies or answers in stone. Just wondered if possiably her p.o is bluffing her. Not even a lawyer knows... it' s the judge that makes the call.

I posted question few weeks ago in regards to my daughter being violated for leaving state. As to being transferred here to Ohio from Florida on felony probation. She has done 1 out of a 3 yr probation sentence. She has visited with her po 3 times since this violation and her po states she has been waiting to see what Florida wants to do with her. It has been a waiting game not knowing what tommmorow will bring. Can't plan anything, get a job, etc. While searching the clerk of court from where were from and where se was arrested this is what it says. Can someone let me know what they think this might mean? And if it means that Florida is not going to pursue the vop can her po here in Ohio do something since Florida didn't?.


05/27/2009 technical violation notice brittany $0.00
No further action required continue to supervise


Thank you for any possiable help.