[sunnydays1224]

I am on probation and originally was sentenced to serve 6 months in jail (4 1/2 with automatic "good time") followed by a six month residential program. The Judge allowed me 2 weeks to turn myself in to the jail to begin serving my sentence. Ten (10) days after sentencing I was hospitalized. The day before I was to turn myself in to the jail I had surgery. Long story short, the hospital, surgeon and my GI doctor all faxed over paperwork to prove this. I was given 8-12 weeks for "recovery". Long story short, I got sick again. In December of this same year I had another EGD done and it was determined that I had a second ulcer.

I never turned myself in and was picked up on a probation violation. Went to court in May 2008 and the Judge revoked one year and imposed the original conditions (meaning the program and also six months of IPS (intensive probation with 96 hours of community service). I completed the IPS program and barely completed the community service as I was sick quite a bit. After coming home from prison, I ended up back in the hospital and my GI doctor found a third ulcer. I take a minimum of six pills per day just for the ulcer disease and sometimes have to take a anti-nausea medicine and pain medicine, as these ulcers can be quite painful.

I still have not been able to enter the residential program due to not being able to work to pay the rent and I also have to sometimes take pain medicine for said ulcer disease, again due to the excruciating amount of pain that I'm in at times.

My question to you is can the Judge MAKE me come off my ulcer medicine, anti-nausea medicine and the pain medicine and MAKE me enter the program? The previous Judge who originally sentenced me and who also sentenced me on the revocation knew of my ulcer disease and even asked me at my revocation hearing, "Do you think that you will be well enough to work?"

I did hire an attorney to represent me on a Sentence Modification, however, he never filed the Motion ~ he wanted some time to pass to see if my health improved. It has not. If anything, it is worse. I have an appointment to see my GI doctor later today. She is not the doctor who prescribes the pain medicine but she knows I take it ~ that I am prescribed pain meds for my back and my PCP prescribes a different pain medicine for the pain that the ulcer causes me. It's two different pain med, although both are narcotics.

I have a letter from my GI doctor, my PCP, and my back doctor regarding my diagnosis, treatment and prognosis. I have a feeling that my GI doctor is going to want to do another EGD (basically an endoscopy) to see what is, and has been going on with my ulcer disease because I have been in a good amount of pain since last year. She also wants to do what they in the medical field call a "gastrin fasting" meaning that I need to stay off my ulcer meds for seven (7) days and then have my blood drawn. My GI doctor wants to see if my gastric level is elevated due to having been on said ulcer meds for a few years or if there is a more serious problem, meaning a (benign) tumor in my pancreas that could be causing these ulcers. I've not been able to go longer than two (2) days without my ulcer meds due to the excruciating pain it causes.

Note: my GI doctor had a nurse that worked for her for approximately three (3) years. She left last year in August/September. Her new nurse, from another state who was not used to how things are done down here in the South did not work out. I've been calling the office and leaving messages for this nurse but never was told that she's no longer there. I just learned of this this past Monday. I'm going to see my GI doctor later today and will discuss all that I've been experiencing.

What are my chances of going back to jail? Can the Judge MAKE me come off these medicines and send me back to jail? I've stayed out of trouble, completed IPS, reported on time every month, and am current on my supervision fees. I went to jail sick before, although not as sick as I am now.

I'm curious as to what you think. If you have time and feel like it, I'd love to receive a response. I'm also curious as to your "position". I see that your username is "excon". Are you an attorney who is an excon or are you an excon who learned a lot while incarcerated? Might be a bit personal. I'm just curious.

Thanks for any input.

[Fr_Chuck]

They can revolk your probation, and send you to prison, where you can take the medication the prison doctors believe you need.

If you fail to do the required items for probation, they may revolk your probation and send you to prison or change the terms of your probation to something else.

[excon]

My question to you is can the Judge MAKE me come off of my ulcer medicine, anti-nausea medicine and the pain medicine and MAKE me enter the program?

Hello sunny:

The judge cannot.. But, the "program" authorities, and the jail authorities can and WILL. They'll substitute what THEY determine you need. I MAY be what you're taking. It may NOT.

excon

[sunnydays1224]

I have gone to court twice. The first time the Judge wanted me to get a letter from my GI doctor stating that based on the evidence from tests, I cannot work. Check. I've got that. And she wanted me to be screened for a program that the county offers. She said we'd come back in two months. At that time the DA and my p.o. were on our side and wanted the Judge to just drop the program all together.

I went back to court yesterday, alone. My p.o. was out of town, my attorney is in the hospital. I never even received notification that I even had a court date! And while in court the Judge asked, "When did you receive notification regarding your court date?" She knew they messed up. I informed her of how I came to learn about it. (Heaven forbid I not show up and end up in jail on an FTA! )

Yesterday, the DA was talking with another p.o. who said she did not know the case/situation and she also didn't know what my p.o. was asking for. (I asked my p.o. last week if she is asking for jail time and she said a very firm "NO"). I am assuming that the DA does not recall the details of my case, nor the letter from my GI doctor stating that I came home from prison sick due to not having received the proper medications while in custody. (The State does NOT prescribe the meds that I take/need and yes, they gave me OTC meds, but that didn't help at all).

So it has been rescheduled ~ again.

Just thought I'd update.