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New Member
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Apr 1, 2008, 09:39 AM
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Acceptable Reason for Non-Payment of Probation $ ?
Would learning disorders, processing disorder, ADD, and depression and IQ that is just above 70 in some areas be an acceptable reason for not having gotten a job to pay off probation fines and fees? We had did not know how bad off he was at the time of the plea agreement and thought that my son would be able to get a job. We had a private attorney that did not want to present info on son's mental health condition to the Judge and it wasn't until after the plea agreement that we had him tested for learning disabilities on adult norms at U. of IL in Chicago. This testing was to establish his disability so that he could get "accommodations" as a student at our local junior college. He did try remedial courses at the college but dropped out in first semester as he was too far behind the other students. Would a hearing on whether he is in compliance with terms of probation be a time to raise the question of whether he was competent at the plea time and is also not competent now?
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New Member
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Apr 1, 2008, 09:48 AM
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If your child is disabled and on probation then you are responsible for his fines, the court system is pretty screwed and money hungry. I myself have a 15 yearold mentally retartded brother who is also involved in the court system and my parents are responsible for all the fines and court costs he accumulates. I wish I could help more or tell you that there is some not so long "process" of getting out of making the payments but sadly the world is ran by money and is always going to be. Your best bet hun is to not waste your time trying to find a way around it but rather take the time to help your son find a job and or help him pay it off. I hope things work out in the end for you.. good luck
Blessed be*
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Uber Member
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Apr 1, 2008, 10:16 AM
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 Originally Posted by ChristianDad
Would learning disorders, processing disorder, ADD, and depression and IQ that is just above 70 in some areas be an acceptable reason for not having gotten a job to pay off probation fines and fees?
Hello again, Dad:
Couple things. You mistake the court for a social agency that cares. They don't. What they care about is compliance. That's why they carry guns.
Next. IF your argument is valid, your timing is not. You knew a long time ago that he couldn't complete his terms. THAT was the time to raise the issue. Not a week before he's going to have his release hearing. It just looks like excuses now. I don't know if that's YOUR fault or your sons. It doesn't really matter. Your son is going to pay for the mistake.
I believe I was accurate the last time we spoke when I told you, that if he get's a job TODAY, and shows the judge that he's willing to meet the terms of his probation, the judge MIGHT let him continue.
I absolutely believe that if your son shows up with nothing but the excuses you've put forward here, he's going to be put in jail.
excon
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Uber Member
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Apr 1, 2008, 01:28 PM
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 Originally Posted by ChristianDad
Would learning disorders, processing disorder, ADD, and depression and IQ that is just above 70 in some areas be an acceptable reason for not having gotten a job to pay off probation fines and fees? We had did not know how bad off he was at the time of the plea agreement and thought that my son would be able to get a job. We had a private attorney that did not want to present info on son's mental health condition to the Judge and it wasn't until after the plea agreement that we had him tested for learning disabilities on adult norms at U. of IL in Chicago. This testing was to establish his disability so that he could get "accommodations" as a student at our local junior college. He did try remedial courses at the college but dropped out in first semester as he was too far behind the other students. Would a hearing on whether he is in compliance with terms of probation be a time to raise the question of whether or not he was competent at the plea time and is also not competent now?
When you post the same question on two different threads it gets confusing - I think I already answered this.
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New Member
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Apr 1, 2008, 01:48 PM
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Did not see instructions on how to post to thread or any box saying that, which I had wanted to do. Maybe: "Post Quick Answer" is the way to do this. Sorry.
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Uber Member
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Apr 1, 2008, 02:23 PM
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It seems that for the princely sum of $83 a month times 2 years you are going to have more problems if this was not paid. Why couldn't you come up with $83 a month? You had enough money to send the kid to college - then why not $83 a month? The judge is not going to be happy with you or your kid at the hearing. Sorry, I'm not more sympathetic, but that's the glaring facts here Dad starting you in the face. I think that his first semester at college could have been more than enough to pay for the fine in full and then some.
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Uber Member
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Apr 1, 2008, 02:50 PM
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 Originally Posted by ChristianDad
Did not see instructions on how to post to thread or any box saying that, which I had wanted to do. Maybe: "Post Quick Answer" is the way to do this. Sorry.
Sure, no problem - here's my additional thought:
I don't know how soon the probation hearing is and I HOPE you aren't just making excuses for your son. I believe he was arrested for sale and possession of marijuana? Probably the selling part that got him in big trouble.
That being said - don't you have a friend or relative who will hire him, give him a chance? If he does have some problems perhaps one of your location organizations/associations will help him find a good employment match. I know it's awfully late in the game but if he HAD a job and could prove it and you fronted him the fine money, then you could get through this.
With the problems you describe I would be concerned that prison/jail is the WORST place for him and would do anything I could to get him out of this situation.
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New Member
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Apr 1, 2008, 03:21 PM
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He was only able to go to the commuter junior (community) college in our area because he qualified for a Federal Pell Grant, which is a federal program which provides need-based grants to low-income students to promote access to post-secondary education. Anyone with low-income can apply for such a Federal grant through the FAFSA office (Free Application for Federal Student Aid Office) through forms that are submitted to Washington, DC If he did not have that, he could not have gone. He has never been hired for any job in his entire life. I do see your point ( $2,000 divided by 24 is $83.33 per month ). We had never divided it out, we just looked at the big sum and shook our heads in bewilderment and asked ourselves, "How could we get such a big amount. There is high unemployment in our city. He said that he did ask his Probation Officer if there was any group or agency that helped people on probation find a job and the PO said that there wasn't and recommended that he try this federally funded Rock River Training Corp which serves several counties around our city. He went there and filled out forms and went for evaluation determination and they determined that he is economically qualified for training and he has another appointment this month there. I did take him for tests for different jobs and he got post cards saying that his test scores were too low to even get a ranking and I took him to other job interviews and he was never called. I did hear about one job at one of the local Wal-Marts. I was told by the guy that they were looking for someone part-time right then and that he should come in and fill out an application on the computer and then go over to the department and tell the guy that he had filled out the application on the computer so that the Wal-Mart guy could look at it. Well, he did that and the guy told him that he didn't have any opening, but that he should check back every so often. I don't know if the fact that he is Afro-American was a factor or not. I am white and maybe the Wal-Mart guy just assumed that the son I was talking about as being interested in so and so type of job was white. There are a couple of Afro-American women and a couple of Caucasian women in that dept. and the two dept head are Caucasian men. Or it could have been that my son had not shaved off his little chin hairs and little moustache. I have told him shave it off and give yourself a better chance. Thanks for your comments.
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Uber Member
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Apr 1, 2008, 04:16 PM
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I'm still wondering why his condition was not discovered while he was still in grade school, middle school or high school. If he did that poorly I am sure the school would have caugh on to his problem. Something's wrong with that picture. He was smart enough to deal dope. Howcome he is not smart enough to hold a job? Walmart would not hire my son and he wore a white button down shirt and was clean shaven, short hair and everything. They hire who they want. My son is white and over 18 at the time. There is high unemployment everywhere. You seemed to have the money for a private attorney. Criminal private attorneys are not cheap and they certainly do not work for free. Why didn't you ask for a court appointed attorney if you are so poor? Makes no sense to me whatsoever. Sorry, Dad, you still don't get any sympathy from me. And in my opinion jail does not hurt anyone from spending the time there. If anything it will teach your son how to properly make his bed, eat at a designated time, and if he really wanted to have a job - the jail will happily give him one. Probably in the kitchen preparing meals and he will be earning "good" days that shorten his time to be served in jail. Some county jails give you one day off your sentence for every 3 days of work that you do. The work makes the day go by quicker. Now what could be the harm in him learning how to be a dishwasher or a meal preparer? At least he will have learned something. Right now he's not making any headway sitting in a classroom as he does not have the mentality to do so. He essentially needs on the job training for him to be able to have a job. It won't be the end of the world if he does go to jail. Jail is what you personally make of it - not it makes of you. You are the one in control. He will just have to steer clear of other inmates and mind his own business. If he had a job in jail he would feel a sense of accomplishment that he can actually do a job. This is just my opinion on the matter as it seems that you can't and won't come up with the fine money before the hearing.
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Expert
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Apr 1, 2008, 07:33 PM
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Here is the issue, all of these issues needed to be presented either at court (trial) or at sentencing during plea bargain.
Now the PO will find him in violation of his agreement and the first time you kmow about it, will be when the police come to pick him up for being in violaton often. So my best advice is get a loan, borrow the money, or go to court and ask for additional time to pay.
Excon said it basically, I worked as a PO some many years ago and we did not care ( well we may but by the job it was not our job to care) we had to mark a box, paid or not paid, after not paying by a certain time a warrant was issued for their arrest, no talking to them, not working something out.
If your attorney asks for a sentence modification ( he they will even allow it any longer ** there are time frames** But to be honest you are going to spend a lot more than 2000 on attorneys to not have to pay 2000.
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Uber Member
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Apr 2, 2008, 05:20 AM
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 Originally Posted by Fr_Chuck
Here is the issue, all of these issues needed to be presented either at court (trial) or at sentencing during plea bargain.
now the PO will find him in violation of his agreement and the first time you kmow about it, will be when the police come to pick him up for being in violaton often. So my best advice is get a loan, borrow the money, or go to court and ask for additional time to pay.
Excon said it basicly, I worked as a PO some many years ago and we did not care ( well we may but by the job it was not our job to care) we had to mark a box, paid or not paid, after not paying by a certain time a warrant was issued for thier arrest, no talking to them, not working something out.
If your attorney asks for a sentence modification ( he they will even allow it any longer ** there are time frames** But to be honest you are going to spend alot more than 2000 on attorneys to not have to pay 2000.
The son also was ordered to find and hold employment, which he has not done.
Any thoughts on the PO and that issue?
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