I am on felony probation for uttering a forged instrument. I have made all my payments and meetings so far, and my probation officer and I have a "good" relationship. I am also in counseling, a full-time student, and a single mother of a 7 month old. I have recently been charged with 5 counts of obtaining property under false pretenses that happened over 6 months ago. I have since changed my living situation- moved back in with my parents in order to focus on living right and being with my daughter. My attorney is getting it reduced to a single charge, but is not sure if it will be a felony charge or a misdemeanor. Is there a chance my probation officer won't violate me? Or is there anything I can do to avoid jail time at this point?

Hello mom:

If you are convicted of a crime, even a misdemeanor, I can't believe that your PO WON'T violate you. Hell, they violate you if you miss a stinking phone call.

excon

Go back and re-read your original sentencing paperwork where the Judge decided to give you probation instead of so many months in jail. He will have also put in his sentencing paperwork words about what will happen to you if you violate your probation and just how many months in jail you could get if he so deems necessary or proper.

And as Exie said above, I'm also in agreement that you will be violated. If you are convicted you are automatically violated. If you did not inform your PO about this new police involvement you will be automatically violated for that as well. So, with you not being honest and forthcoming and trying to dodge this entire thing will work against you.

Even if the attorney gets the new charges down to one charge you'll still have the face the music with the probation folks and the probation Judge.

excon:

I was recently picked up for Habitual Traffic Violator (D Felony) while on probation in another county for a 3rd OWI offense within 10years in Indiana (D Felony) which I was working on an alternative misdemeanor sentence for.

My PO office has been informed, but my PO is on vacation. When I speak with her on Monday will she send me to jail? Will I be able to post bond? What should I expect?

Is it typical that they hold the violation as far as the hearing and sentencing until my new case is settled? I had 1 year suspended sentence from the prior offense. I am facing the 1 year suspended sentence of the 3 year maximum sentence from the original charge?


Thank you

Hello p:

There is nothing typical about the justice system. Yes, I think she'll arrest you, and I think you'll go to court in chains. I'll bet they'll hold off the violation hearing until your OWI is dealt with.

No, you're not entitled to bond on a violation. An attorney would help a great deal...

excon

Thank you for the reply.

So, for the violation do you face the suspended portion of your sentence or the overall maximum sentence from the original charge?

Would they allow someone in this scenario to do house arrest?

How long do you think I will be in jail after visiting my PO?

Thank you

Hello again, p:

These are the specific questions I cannot answer. They may NOT even arrest you. The thing to do, if you want to LESSON the results, is to hire a lawyer. If you just throw yourself on their mercy, they'll SCREW you.

excon

Thank you, excon. I know you are right about that. I have hired a reputable attorney and will follow their advice to a T as I move forward.