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-   -   Taking a Chance Obscounding On Felony Probation Vs. Facing the Judge (https://www.askmehelpdesk.com/showthread.php?t=370654)

  • Jun 30, 2009, 01:38 PM
    aGuyOnProbation
    Taking a Chance Obscounding On Felony Probation Vs. Facing the Judge
    I recently seen my po. I'm on felony probation for Class B Tampering with motor vehic. She told me I have a revocation court date in 9 days, for failing to pay restitution, I've been making what little payments I can. I'm supposed to be paying $250 a month on a $10,000 case. I got 5 years probation. I've been struggling to find a full time job, but I have been working for my father who owns a Tree company, that's not doing so well. He is on his way to bankrupt. I right now am staying with a friend. And have been trying to get my Probation Transferred to California. It's taken California forever to let Missouri know. Anyhow, I know when I get to California being that I was born there and have family to help me that I can get a good paying job. Then I can pay off my restitution. Problem is that now this came up and now I'm thinking about running.
    I'm thinking that once I'm there I can pay off this restitution, then get an attorney and turn myself back in, and hope they will just continue my probation. On the other hand I could show up for court and take the chance on getting violated for a new misdemeanor charge that will be also be brought up (That my PO knows about and wrote violation for, but the judge doesn't know about yet.) before the judge, as well as not paying the $250.00 every month. I do however pay what I can, sometimes $40 to $30 here and there. Plus my $30 Intervention Fee's. It's just stressful not being able to pay this but wanting to do the right thing. Also just got married and have a new wife that I don't want to take the chance on getting locked up for this. It just seems like a gamble anyway I go, Catch 22 you might say. Any advice would be greatly appreciated. Thank You. JoHn-
  • Jun 30, 2009, 03:37 PM
    JudyKayTee

    It is against the rules for anyone to assist you in committing an illegal act, which leaving the State without permission is -

    You have to weigh the odds and make your own decision.
  • Jun 30, 2009, 05:16 PM
    twinkiedooter

    You had enough time and money to get married. Does your wife know about the $250 a month restitution you are ordered to pay? She could help you pay this, you know.

    As far as leaving and going to California unless you already have a job there jobs are getting scarcer and scarcer out there.

    Even if you do decide to flee the state and go elsewhere you will eventually have a warrant out for your arrest that will never expire and if you wish to renew your driver's license you will have your ID run by the DMV and your warrant will come up and you will be detained in their offices until the cops show up to haul you off to jail and then for Missouri to make up their minds if they want to come and get you. Could take several weeks for them to make up their minds as well. Also each time you are in a vehicle you can and will be a moving target subject to being stopped by the cops (even if you are a passenger) and having your ID run at which time the warrant will show up.

    As far as the judge not knowing about your latest caper - forget it. He already knows or you wouldn't be going back to court.

    Apparently you were not taking your probation seriously enough in paying off your monthly obligation. The courts really don't care if you are living in a box - they want you to pay your monthly obligation or go back before the Judge and work out some lower payment.

    If you decide to go before the Judge and face up to your recent actions the Judge just may give you a chance if the jails there are too full for any long time stays.
  • Jun 30, 2009, 09:27 PM
    Fr_Chuck

    If you have been paying some, the judge will read you the riot act, want you to give them a plan on starting to repay the money. He may put you in for a couple weeks maybe but I doubt it.

    If you run,
    1. your probation time stops till you are caught
    2. you wll have a more than 90 percent chance of serving a lot longer in jail when caught
    3.
  • Jul 1, 2009, 05:45 AM
    excon

    Hello probation guy:

    The Padre is right. They're not going to put you in the slam just for money.

    excon
  • Jul 1, 2009, 12:11 PM
    aGuyOnProbation

    Well I decided not to run and face this head on, so here again is what I'm dealing with. Thank you all for your advice.
    I'm suppose to be paying $250.00 a month but only manage to pay a little, cause I've been paying my Intervention fees as well. Until I found out by my po that they will send me to prison for not paying restitution faster than the intervention so now I started paying more on that. I'm still way behind and now I have a revocation hearing the 9th. For not paying all my restitution. I also recently got another caper mis-charge of shoplifting. That my po knows about and wrote me a violation for. But said the judge don't even know about it yet. I was wondering if anyone thinks maybe the judge will let me continue my probation if I can somehow catch my payments up before the 9th. Even if this other mis-charge comes up at the revocation. Thank you for all your advice.
  • Jul 1, 2009, 01:28 PM
    JudyKayTee

    I don't see you just walking - apparently probation on the first charge didn't prevent the second plus you haven't kept up with the terms of the initial probation.

    In my area - NY - I would predict maybe 10 days plus back on probation but that's really a guess and the only thing that matters is what the Judge in your area thinks.

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