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nkotb1 · Mar 16, 2009, 04:17 PM

Hello,

I was arrested almost 4 yrs ago for under the influence of a controlled substance. I went to court and plead guilty and was placed on informal probation and had to enroll in drug classes. When I went to the probation office I advised the probation offficer that I had moved to a different county and if it would be possible to have my case transferred over. He took down all of my information- new address, contact phone #'s, he made a copy of a bill with my current address, etc. He stated that I would be receiving notification but I never did. Shortly after, I started a new job, in which I have been employed for 3 years. The driving distance was 90 miles each way to work, long story short, I did not do my classes. I have been sober for what will be 4 years on 5/4/09- which is the anniversary of my arrest. In those 4 years I have accomplished a lot. I have purchased a new home, new car, been promoted at work to a management position.

Recently at work, I was advised by Human Resources that my alarm license was denied for a couple of states. She advised me that I needed to furnish a court document of the disposition of the case. I was able to check online and it showed GUILTY/CONVICTED. Obviously because I did not comply with all of the requirements of my probation. Anyhow, I called the court clerk to see if there was any fines or fees that I needed to pay. The clerk advised me that I had a warrant for violating my probation and that my probation had been revoked. She stated it was due to the "Program" which is the classes. She said that I would have to go back to court and the judge would either have my probation reinstated or straight jail time.

What I do not understand is that when I went to court after the arrest, I advised the Public Defender and the judge that I had moved to a different county, 70 miles away. When I reported to the Probation Office, I did the same and also supplied them with the appropriate contact info.

I wanted to know, based on your knowledge of these situations, would it be possible for the judge to dismiss my case? Being that I will lose my job, home, car, etc- if I cannot supply the State of Tennessee and Arkansas with the "Not Guilty" or Dismissed disposition that they are looking and waiting for?

Other than that incident, I have not had any arrests. No traffic tickets, nothing. I have really changed my life around for the better and have worked very hard to obtain my goals of purchasing a new home, advancing at work, etc.

Please let me know what you think, I have to go to court tomorrow morning at 7am to try and take care of this. I really cannot afford to lose my job, especially with the state that our economy is in right now. I don't want to lose everything that I have worked so hard for. Thanks Again!

twinkiedooter · Mar 16, 2009, 08:30 PM

You did not attend the Court ordered drug classes. The other stuff about moving 90 miles away, buying a new home, blah blah blah is basically irrelevant to the Judge. He will want to know just WHY you did not attend the classes period.

You sure had plenty of time for "your life" and not what the Judge had ordered for you to do. I hope for your sake that he is not as harsh with you by plopping you in jail.

You should have followed up on the part about the PO not contacting you. The onus is on YOU and not them as this is your probation - they are not babysitters. If you hadn't heard anything from them a prudent person would have contacted them and not waited how many years to wonder why they didn't contact you.

Are you going to court with an attorney?

excon · Mar 17, 2009, 06:33 AM

Originally Posted by nkotb1

I wanted to know, based on your knowledge of these situations, would it be possible for the judge to dismiss my case? Being that I will lose my job, home, car, etc- if I cannot supply the State of Tennessee and Arkansas with the "Not Guilty" or Dismissed disposition that they are looking and waiting for?

Hello n:

Well, you're in court right now. I hope it works out, but if you think the judge cares about your house or your job, you've been taking drugs again.

I'd hire me a GOOD criminal attorney.

excon

JudyKayTee · Mar 17, 2009, 08:25 AM

Originally Posted by nkotb1

What I do not understand is that when I went to court after the arrest, I advised the Public Defender and the judge that I had moved to a different county, 70 miles away. When I reported to the Probation Office, I did the same and also supplied them with the appropriate contact info.

I can't believe this is a serious question. If it were this easy everyone ever arrested would move 70 miles away and wash his/her hands of the whole thing.

Amazing sense of entitlement here.

Fr_Chuck · Mar 17, 2009, 12:00 PM

In Teneesse not taking your ordered classes is a big issue, and they are likely to give you 10 to 30 days in jail to remind you how serious it is, then put you back on probation to finsih taking the classes.

No they do not care about anything else than you did not do what you were ordered