Im on felony probation for jacking a $50.00 pair of shoes. Max punishment is 15 yrs and/or $30,000 fine. I just violated probation by getting a minor in consumption charge. I blew .075 Can I transfer my probation to another state after violating. My p.o said his department does not have a written policy for me to view. I think he is blowing smoke UP my a$$. Also, can I get my felony reduced? I already did 90 days after my sentencing. I'm waiting to see what they do with me after this violation.
Thanks.

P.S.A Excon I read your blog.. Brilliant.

Hello escape:

I think he's blowing smoke too. Make your next request in writing with a copy to his supervisor. Not having a written policy violates your rights too, just as if there was one that was arbitrary. You might mention that in your correspondence.

excon

So is it possible I can get my felony reduced right now? And, Is it possible to transfer after violating. I just got a copy of a letter the states attorney sent me ill post it in a few. Excon, do you have aim or something? Or You going to be on here for a while.

No, you are already sentenced by a judge, your conviction and probatoin is just that, a sentence by a judge.

His violation of your rights ( proving it is an issue) may get him fired or written up)
** or a promotion after the dust settles) is just that.

You have to at times force them to give you the rights you should have.

The policy is of course in writing, they have a policy on everything, ( ti is the government)

So ask to see his supervisor and/or ask for his reply in writing

Before I got sentenced my lawyer told me that I should agree with the first deal they give me and I did just that. They all work in the same department. They are probably drinking buddies. I didn't know jack about the process and motions they go through then so I got stuck with this and I could have gotten it reduced. I feel like I have been violated as a human.

Anyway, I was going to plea guilty to the minor I recently got but my mother got a lawyer with out my permission and he plead not guilty for me now they are trying to do something like rape me even more. Here's the letter from the States Attorney.

Dear Lawyer:

In the above matter, which as you know is scheduled for a trial to the Court on Monday, 8 March, 2010 at 1:30 p.m. I am writing to ascertain whether the same will be held.

Certainly Jones had been drinking, certainly he should have been charged with Zero Tolerance. In any event, I do intend on proceeding with the Underage Consumption and also with the Application seeking to revoke probation. Were Jones to enter a plea of guilty and admit as to the application, I would agree to remain silent regarding disposition on the probation violation.

May I please hear from you by noon Thursday, 4 March, 2010. Thanking you in advance for your timely response I remain.

Sincerely, _____
_____County States Attorney

I would never plead guilty to a MIP ( minor in possesion) without a plea agreement.

And of course the state always claim you are guilty and the scum of the earth, that is their job.

And anytime you are arrested, notice is sent to the PO to violate your probation, he is merely stating in a letter what would happen anyway, even if monkeys were running it.

And of course he can remain silent, since you are required to tell the PO about the pleading guilty and even about the arrest, Not telling them is a more serious violation of probation, that the silly arrest is.

The letter is pure bull to scare you, with things that will happen reqardless, and no matter if you plead guilty or not, the PO is informed,

* and a lot worst if you had not already told them.

They are allowed to word things that appear to say something but don't.

1. the PO will be told reqardless of your plea
2. if you don't tell PO it is a lot worst

Minor in possession is normally plead out for community service with charges droped in most places.

If the DA believed they could easy win, they would never write the letter and try to scare you. So to me his letter says that something is wrong with the case and there may be a way to get out of it

I'm just trying to transfer from South Dakota to my home state of Ohio because I feel that if I apply right and get the hell out of here I can do better than I am here. They have me on a ball and chain so to speak. Maybe I should just do my two years have a felony on my record and be done with it. I honestly don't care I have learned my lesson already and I just want to get on with MY life. So I can grow up on my own and live my own struggle in this recession.

They were either to harsh on me or my public defender did his job halfheartedly and I cannot go back to fix it, or can't fix it now. Time is the only thing that will tell.

It cost me more to be free then a life in the pen.

Not that you would admit guilt on a public forum that could be used as evidence against you, but some slight editing was done to your post.

The issue is the DA has nothing at all to do with your probation being revolked, not really, it is not his choice, it is the PO and the judge, So the DA is merely saying he will not say anything, but he does not anyway, the PO decides to revolk and the judge will then make the choice, not the DA. He is lying to you.

And the fact he is even trying to trick you, shows there has to be a issue.

Also breath tests have all sorts of flaws, a good attorney will challenge the test, was the equipment properly checked and tested that day, when was it last calibrated, was the person doing the test actually State certified by POST to operate the equipment. The records of the officer who did the test, and the one who stopped you are all challenged.

If it was merely one of those portable units they carry, they are not even allowed in some states as evidence except as probable cause to give you a real test back at the station house.

Also in most states, merely being drunk, is not in possessoin ( fine point,) you may have public drunk ( if illegalin your state) but normally you have to have a beer or drink in your hand for the poession charge to stick.

So you are not guilty till the judge says you are, you are only accused of it.
If you did or did not do it, is not the issue in court, it is what can they prove according to the laws of evidence

*** This is based on experience in GA over 10 years in law enforcement in the state

You would have been a better lawyer for my felony case instead of my court appointed attorney man. He didn't help me out one bit, but get paid.

I told my P.O about my citation within 48 hours of receiving it. Then I missed my meeting with him, but let him know that I could not make it because I was in a different county waiting for a ride. I was trying to get a job. I guess I should call him up and set up an earlier meeting with him then huh.

The conditions of my probation were to not break any laws. Not use drugs or alcohol.

So, Any advice you guys can give me that I can tell him so I can try and keep my p.o from making him bring back my felony case for a violation?

Yes, but for minor violations, on a felony, they will not normally send you back to jail..

I will say one thing, remember get any plea agreement in writing, but the judge is not required to go with the recommended sentence even after a plea,
I have only once saw a judge not do that,
( yes Effingham IL) that is why you get it in writing, to appeal or withdraw your plea if the judge goes away from the plea bargain.

You should get nothing more than community service, or 6 months probaton at the most for the MIP conviction.
I would talk to the PO, be upfront, ask if the plea will effect your probation.

*** I was with the Justice Dept for years, and then latter was a police officer, With the Feds, they had what they call a IDC board where inmates are "tried" for violatoins inside the prison, where they could get sanctions ( lock down) or lose their good time ( days off sentence)

I rotated being one of the three judges hearing, and latter represented inmates in the hearing. ** not a popular thing to do)

All right so I will ask if the plea for the misdemeanor will effect my felony probation/suspended imposition.

I have got a good idea in mind for asking for just community service. But these cases are 5 hours away from where I actually live. However it is South Dakota. They have fcked me over before, no Vaseline, and Thank you very much. Im just trying to figure out how they work so I have a better understanding of how I can represent myself to them through my lawyer. If there is anything else anyone would like to add feel free. I don't know why I can't go in and tell them that I have made improvements in my life thus far and will continue to do so with ease and comfort if they just let me off right now. I suppose they are waiting t hunt me like I'm a sitting duck, waiting for me to be a habitual criminal. I make mistakes. Im only human. I don't need the same justice as a person who steals cars or money. Or someone who kills or rapes people. I stole a $50.00 pair of shoes from a kid in the dorms at college because he stole my ps3 and the cops couldn't do anything about it so I took matters into my own hands. Got into a fight with the kid, he started, and woke up in jail with two black eyes a headache and papers served to me saying I was looking at a felony. I bet that sounds like I was in the wrong place at the wrong time type of thing. The judge knows this story too. Its what I wrote about in my suspended sentence application. 2 years over my head and 90 days served in county jail right after court. $25 a day. $2400 to my CPA. $2500 restitution for the $50.00 pair of nikes.