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    denice's Avatar
    denice Posts: 66, Reputation: 3
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    #1

    Jan 22, 2008, 03:59 PM
    House arrest
    My friend is on probation has two handicap people to care for. And could not make it on time for her drug test. They gave her another one she was clean. But she did violate her probation. She has one year for thief under 500 she ask me what house arrest was and could she get it.so I am written you guys for help please thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 22, 2008, 04:03 PM
    First are they going to violate her probation, if they do, she will ba arrested and held in either a probation detention center or the county jail, till there is a probation hearing, ( this can be from a few days to a two months) at the hearing they would decide if she could continue on probation, or if she needed to serve time in jail.

    If they did a house arrest, she would havea ankle monitor on, that does not allow her to leave the house , expect for any present appointments that are approved.

    She has to know, she HAS to make her probation meetings, she knows the time and date ahead of time, and being busy is not an excuse they accept
    fde's Avatar
    fde Posts: 93, Reputation: -4
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    #3

    Jan 23, 2008, 03:32 PM
    If these handicap people live with her and she can get house arrest. Than she is in a good position. She can go to work and can be approved for things she has to do.
    Why is she violating probation. It seems to me if she has people to take care of then she should be doing her best. Not violating probation. Tell her to time manage better. Drug test clean is good.
    Good luck hope things work out for her and they will if she makes better time for her self.
    denice's Avatar
    denice Posts: 66, Reputation: 3
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    #4

    Jan 23, 2008, 05:23 PM
    She missed her test due to the one had a seizure and when he starts you have to stay with him sometimes it can go on for a week and she was the only one there when I got home she was an hour late. I did not know she needed me I know it is a excuse but sometimes you have to do what is right at the moment
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jan 23, 2008, 06:51 PM
    The probation department does not care just what your friend's excuse is why she missed an appointment. Was the person she was caring for taken to the hospital? Were the paramedics called? When she is arrested for the VOP she may be able to use the records of the person being cared for being taken away. She would basically be at the mercy of the Judge though in that case. A friend of mine missed her check in date at the PO as she was at the bedside of her fiancée who was in a life or death situation. Short version - she ended up serving time in jail as she didn't have a good enough excuse and the Judge said NO.

    Your friend does not want house arrest. Your friend could not literally leave her home unless she got prior approval from the monitoring officer and most times the officer is not readily available to give this permission as they are busy. Then your friend would have to wait at home until the officer got back to her. And if she decided to just "leave" due to an emergency and her monitoring officer didn't like the excuse - bam - back in jail she goes.
    fde's Avatar
    fde Posts: 93, Reputation: -4
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    #6

    Jan 24, 2008, 02:43 PM
    I wish her luck.
    denice's Avatar
    denice Posts: 66, Reputation: 3
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    #7

    Feb 2, 2008, 07:24 AM
    I just wanted to let you know. We found out that if you ask the judge and have the paper work you can get a court order work release. The rules are better and it helped a lot thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Feb 2, 2008, 09:26 AM
    If they allow that, they still don't have to, it is not automatic, if the judge believes there is jail time needed there will be jail time
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