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    Thaufo's Avatar
    Thaufo Posts: 3, Reputation: 1
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    #1

    Feb 10, 2009, 05:35 PM
    Probation Violation? Can I take this to trial?
    I was dating a landlord of my apartment complex. We I did not renew my lease and moved... but I still went to visit my friend there. She became angry and called the police on me knowing I was on probation. The officer worked security there and was told whatever story about me, he arrested me on disorderly conduct. Although I did nothing and on my ticket he wrote no comments on what happened or what not.

    I went to see what my PO would say about it and he said he would violate me on a city ordinace Disordely conduct. I was pissed. I went to the magistrate and she said he filled out his comments later after I was bonded out on the ticket.

    I am wondering since I am on felony probation what should I do? I am in college, I work full time and can not go to jail for this right now. She has a history of calling poilice on her boyfriends, she stabbed her last one, and broke his windows.

    Will they send me back to jail? What should I do?

    HELP!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 10, 2009, 05:41 PM

    You go to Court and prove you are not guilty of disorderly conduct, that it's a set up. If you were also required not to associate with people with records and this girl has one, then you are in violation.

    "They" have the ability to send you to jail, to warn you, to extend your probation, to lecture you.
    Thaufo's Avatar
    Thaufo Posts: 3, Reputation: 1
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    #3

    Feb 10, 2009, 05:43 PM

    That is what I shall do... and she has no record. The cases are pending.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Feb 10, 2009, 07:51 PM

    Pending cases don't really count. Convictions do count. You will just have to somehow prove you weren't being disorderly.

    When you are on probation of any kind you must be extremely careful with the company you keep and where you go. I hate to say this but you almost need to live like a monk and be a hermit to avoid any possible jail time. If she appears at your hearing for the disorderly conduct they might believe her.

    You need to prepare for the worst in your matter at your violation of probation hearing. Don't assume that you will win.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 10, 2009, 08:05 PM

    If they violate your probation for being arrested, you wll be given a hearing before a judge,

    You need an attorney for that and for the original charge.
    Thaufo's Avatar
    Thaufo Posts: 3, Reputation: 1
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    #6

    Feb 10, 2009, 08:33 PM
    On a first violation do you think thhey will send me back to jail? For this charge? If I plead guilty?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Feb 11, 2009, 06:11 AM

    Only the Court knows. We can "think" all we want and still won't know - yes, it's a possibility.
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