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JerseyGuy732 · Jun 6, 2009, 03:07 PM

Hello everyone I'm Chris from New Jersey. I am in need of some help over here for my wife. In 2004 my wife was placed on probation for theft by deception for 5 years. She paid off all of fines. She has not been in any trouble since then. She has been reporting to probation like she has been for the last 5 years. This past February she supposed that she was taken off probation and from what she told me that the probation officer told her she was done and off probation.

About 3 weeks ago the sheriff department came knocking on my door telling us that my wife had a warrant out for her arrest. They took my wife down to the sheriff department then transported her to the county jail. She went in on a Friday and bail was no placed on her until that following Tuesday afternoon. The jail told me that she missed a court date back in April and that is why a warrant was issued for her arrested and that is why the probation officer violated her. Her bail was $10,000 with a 10%=$1,000.

Now what I don't get is that with VOP'S usually the judge does not set any bail on the person who violated their probation and on top of that her bail was very cheap. On June 8th this coming Monday she has to go to court. Can someone please tell me what you think will happen in this case. I greatly appreciate that a lot. We are so stressed out over here.

Thank-You and have yourself a wonderful day.

Cleaningman23 · Jun 6, 2009, 03:36 PM

Hmmmm...
Maybe she overlooked her court date...
She might have had a follow up court date that she missed...
If you don't show up they will issue a warrant out...
If they are going to slam her with a probation violation... I think you should get an attorney...
Was she on probation out of state?

JerseyGuy732 · Jun 6, 2009, 03:42 PM

Originally Posted by Cleaningman23

hmmmm...
Maybe she overlooked her court date...
She might have had a follow up court date that she missed....
If you dont show up they will issue a warrant out.....
If they are going to slam her with a probation violation... I think you should get an attorney....
Was she on probation out of state?

She never received a court date to go to court when she had to go. Yes she is going to court this Monday. She spoke to the probation officer and he said that is writing that this all gets dismissed. New Jersey is where the probation is out of.

Cleaningman23 · Jun 6, 2009, 03:54 PM

If its getting dismissed.. Then what's the issue

JerseyGuy732 · Jun 6, 2009, 04:01 PM

Originally Posted by Cleaningman23

If its getting dismissed .. Then whats the issue

How do we know for sure that it will get dismissed. Do you know if she needs to go to court this Monday with a lawyer? Do you know if the judge listens to the probation report even if the probation officer is asking for this case to get dismissed? This is all new to us over and here. We really don't know what is going to happen?

Your Thoughts??

Cleaningman23 · Jun 6, 2009, 04:28 PM

I think.. you should go to court... and if it does not get dismissed ask for a continuance for legal representation
..

twinkiedooter · Jun 6, 2009, 05:00 PM

Definitely have her show up for Court! Things can be dismissed at that hearing but if she does not show up it would be much worse for her. If you can retain an attorney, do so. If no attorney can be retained between now and Monday, show up anyway and ask for a continuance to get counsel. This may just be a snafu on the probation department's part, but who knows until you go exactly what is going on.

Also, did she receive any paperwork at all once she was released on bail?

JerseyGuy732 · Jun 6, 2009, 05:13 PM

Originally Posted by twinkiedooter

Definitely have her show up for Court!! Things can be dismissed at that hearing but if she does not show up it would be much worse for her. If you can retain an attorney, do so. If no attorney can be retained between now and Monday, show up anyway and ask for a continuance to get counsel. This may just be a snafu on the probation department's part, but who knows until you go exactly what is going on.

Also, did she receive any paperwork at all once she was released on bail?

She was only given her court date notice when she had to appear in court which is this Monday June8th. She was never even told to report to probation after she was released. The following day she called her probation officer and asked if she should report he said"NO" and that he was dismissing all the charges.

Fr_Chuck · Jun 6, 2009, 05:37 PM

My bet a lecture and it will be dismissed

JerseyGuy732 · Jun 6, 2009, 06:05 PM

Anyone else opinions are greatly appreciated.

THANKS!!

excon · Jun 7, 2009, 05:54 AM

Originally Posted by JerseyGuy732

This past February she supposed that she was taken off probation and from what she told me that the probation officer told her she was done and off probation. The jail told me that she missed a court date back in April

Hello J:

Somebody's lying... She either DID or DIDN'T get off probation in February. If she DID, the a court date in April, no matter what it was for, would NOT violate her probation..

So, before I can help, I need the facts, and I don't have them.

excon

JerseyGuy732 · Jun 7, 2009, 12:07 PM

Originally Posted by excon

Hello J:

Somebody's lying.... She either DID or DIDN'T get off probation in February. If she DID, the a court date in April, no matter what it was for, would NOT violate her probation..

So, before I can help, I need the facts, and I don't have them.

excon

This is what happened my probation was suppose to end in February I had to still pay over 2000 in fines they left me on and I told them by the end of February it would be totally paid off and it was. I asked him if I should report to him until the money was paid he said if you will have it paid in a month there is no need since I only report once a month in April I found out I was violated cause I didn't show up for court and the whole time I thought my probation was terminated I did not hear from my po in three months until I was arrested. When I got outy of jail he didn't want to even see me he said the probation is over and he is dismissing the vop on my court date which is Monday.

Fr_Chuck · Jun 7, 2009, 12:12 PM

If you had a court date you should have been notified, a letter or something,

Again, get the PO to come into court and tell the judge he told you that it ended, that saves any trouble for not reporting to him but you will have to explain why you did not go to court in April.

JerseyGuy732 · Jun 7, 2009, 12:30 PM

Originally Posted by Fr_Chuck

If you had a court date you should have been notified, a letter or something,

Again, get the PO to come into court and tell the judge he told you that it ended, that saves any trouble for not reporting to him but you will have to explain why you did not go to court in April.

The probation officer said if there is any problems in court to give him a call and he would come down. The probation dept is across the street from where courthouse is that my wife has to go. I stated in a previous reply that the PO is writing that this all gets dismissed.

Now... What I'm afraid of is the judge going to listen to the probation officer's report will the judge throw my wife back in jail? My wife has never been in this type of situation before and we really do not know what to expect tomorrow when we go to court.

Fr_Chuck · Jun 7, 2009, 04:08 PM

No, you need to have the PO at court, after the judge rules it is too late.

JerseyGuy732 · Jun 7, 2009, 04:24 PM

What I don't get is how can the judge place bail on my wife to throw my wife back in jail. That makes no sense.

JerseyGuy732 · Jun 8, 2009, 06:19 AM

Today I went to court to find out the judge was at the jail meeting with inmates today. They told me I would get a new court date and that I have a public defender representing me.

JerseyGuy732 · Jan 5, 2010, 03:46 PM

This matter was all taken care when she went back to court and they found out the warrant was for a missed court date that's it that's why she got violated for her probation.She was taken off probation when she went to this court appearance.