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New Member
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Aug 6, 2012, 04:00 AM
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First probation violation on first offence residential burglary? Will they lock me up?
Last year I got arrested for residential burglary did a week in jail and bailed out found a new job just in time for court,I was sentinced 3 years probation .30 days community service and 10,000 in restitution fees.that was last year.and a week ago I was stopped while walking from jack in the box for my daughters and a new warrant came up for probation violation... my dumbass with all this stuff in life going on I forgot to pay restitution and do community service what are they going to do to me tomorrw at court?
My case and the case factors so I don't sound like a felon because I am not.iam 29 and this is my first time introuble.
One night instead of being home like I always am with the kids and there mom I was with her brother taking a night off from the family after 6 years with them everyday hardly leaving the house. So were getting drunk and around 5 or 6 in the morning its freezing I decide to walk home instead of crashing outside on the ground and take off from my girlfriends grandpas house and say peace out to my brother in law.were both music producers and are mostly at my house recording. So half way home I am stumbling all around with bottles still in hand and I see a light. It was a garage with the lights on and no cars in it with a few junk things in it.at first I remember sitting on the ground because I was dizzy and was about to lay down. The garage reminded me of my aunts house she has a really nice house like these peoples. But I realized for a second it wasn't my aunts house so I got up and stumbled around but for some reason I took a few things... I know its wrong and I shouldn't of done it. I wasn't caught .the people who's garage I was in and took from called police and filed report and said what was taken.acouple weeks later I got caught and because it was my first time in trouble I addmited to it.now I learned if I didn't they coulnt have proved it.but I thought telling officers the truth helps but not this case.so I go to jail after a week I bail out and then go to court and pleed guilty and get a felony and a strike and 3 years probation and community service and 10,000 in restitution fees. Now last week I get arrested because probation violation I didn't pay restitution or do any community service.
I do have a disibility and can't do work like community service and about the 10,000 to pay the people back,, is bull,I understand I have to ay for what I did but the stuff I took isn't worth more the 500 bucks and my public defender said the people after I went to court said I took all this other stuff that I didn't.like multiple iPod and ipads. That stuff I never had and they know it because it wasn't on the police report.all the jusnk that they said I took was returned to them.and can they charge me for stuff they just make up? They could have said I took there 300,000 dollor gold peral rolex?can they get away with that? Is it too late for me to get a real lawer and fight to lower my restitution or even my felony charge?
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Uber Member
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Aug 6, 2012, 05:11 AM
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Hello l:
You may not BE a felon.. I understand.. I'm not either even though I have just a tad more convictions than you...
Having said that, the courts believe that you and I ARE felons and they're not interested in what WE think about it... So, I'm not interested in HOW you're not guilty... Your trial was the place to discuss that...
I don't know WHY you can't do community service... Who told you that it was ALL manual labor.. It's NOT.. Some of it is sitting in an office... It looks to me, and probably to your PO, that you didn't even inquire about it... That isn't going to bode well for you...
The bottom line is if you show GOOD FAITH, which means doing SOME community service and paying SOME restitution, they'll let you slide.. But, if you IGNORE them, and tell them you really shouldn't BE on probation in the first place, like you're telling us, they're going to throw your a$$ in the slam. And they're going to ENJOY it.
excon
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Expert
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Aug 6, 2012, 05:25 AM
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Why and how you are on probation does not matter a bit to the judge, this most likely will not be the same judge that heard your first case. The judge will not look into your old case, will not make any difference to the judge if you had a gun and kicked in the peoples door and took their belongings of if your story on how it happen is true.
They see the conviction, the charges and your violation of probation.
My idea of your best case, they give you a couple weeks to a month in jail to remind you how seroius this is and that you can't forget. And you are put on probation.
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New Member
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Aug 6, 2012, 08:31 AM
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Thanks for the help.I know I really messed up.iam so worried I haven't slept at all. My legs are shakeing .and now I really think about it now and all I had to do is I think 30 or 40 days community service and pay a little money each month. Ohh my god.I feel like my lungs going to colapse again. Breathing weird.well I need to face to judge now.its nobodies fault but mine.my girls are asleep not even knowing I am about to be gone.
Thank you guys for the real replys .I was thinking all night that's what was going to happen I am going to get a little bit of time like a week to a month.maybe the 6 I was supposed to get.
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New Member
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Aug 6, 2012, 08:32 AM
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 Originally Posted by excon
Hello l:
You may not BE a felon.. I understand.. I'm not either even though I have just a tad more convictions than you...
Having said that, the courts believe that you and I ARE felons and they're not interested in what WE think about it... So, I'm not interested in HOW you're not guilty... Your trial was the place to discuss that...
I dunno WHY you can't do community service... Who told you that it was ALL manual labor.. It's NOT.. Some of it is sitting in an office... It looks to me, and probably to your PO, that you didn't even inquire about it... That isn't going to bode well for you...
The bottom line is if you show GOOD FAITH, which means doing SOME community service and paying SOME restitution, they'll let you slide.. But, if you IGNORE them, and tell them you really shouldn't BE on probation in the first place, like you're telling us, they're gonna throw your a$$ in the slam. And they're gonna ENJOY it.
excon
A tad more then me? I only have one 459 residential burglary nothing else. How many do you have? And what are they? If you don't mind me asking?
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New Member
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Aug 6, 2012, 10:53 AM
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Okay I writing this down .maybe it will help somebody out that's going through the same thing.
I am getting all my papers and letter now for judge.I have papers showing that from the day after court .I have proof that I was laided off from work and went through an eviction at the same time and all before I got 3 day notices almost every month before .and I just found papers that I got from unemployment and my dumbass got acepted and missed the phone call and didn't claim it.I had so much going on I forgot I had money coming and didn't claim it.but now I can and will have a way to pay restitution now.and I am going to the hospital for papers to prove that my lung collaped a few years before all this and I have a disibility.and need a different route for community service other then walking on the freeway in heat picking up trash.I will pass out.and that's embarrising .thats why I don't like to go out.. I know it's a little late but I have ben going through a lot since my sentencing like lost job and my family and I got evicted from home and I had no money to pay restitution.and missplaced my unemploment so now I can pay.if I make a payment my first one right when I get to court house before I see jude and tel him or her I just paid one and I am really sorry and I am trying and need to stay out for my kids and one more chance to let me pay and do the community service?? And what sucks is god already knows what is going to happen .I hope he goes easy on me .I think I deserve one chance
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