Check out some similar questions!

shirley12 · May 13, 2008, 04:45 PM

Hi there.

In 2005 I was arrested for cocaine possession. It was a very small amount. I was 19 and it was my first year of college. This happened in a small town in Georgia (I was just passing through)
Since I was arrested I have completely turned my life around and am about to graduate college with honors and a 3.9 GPA. I got this amazing internship in New York City... I have been researching interstate compact and I know that I have to have a job and or visible means of support in the receiving state. My parents are totally supportive of me and this internship and are willing to support me financially during it... but they do not live in New York..

My probation officer is being very kind and pretty helpful and supportive (I am the best probationer ever... my monthly fees are paid in advance and I never ever miss a meeting or I'm always super polite and respectful) but he isn't really sure that New York will accept me based on just an internship..

My family is willing to do whatever it takes to legally get me to New York so I can start my career.
I need some advice though... what do you guys think the chances of me getting transferred are?

Thank you so much!

Fr_Chuck · May 13, 2008, 05:15 PM

Part of the trouble is, you are a piece of paper to some clerk in NY that agrees to accept you, if the box is checked that says you have a job, then it goes though, if the box is not checked, then most likely they won't.

Also if this is short term stay, will your PO just let you call in for reporting

shirley12 · May 13, 2008, 05:28 PM

Thanks fr chuck. I also read somewhere that I could write a letter to the New York probation office and tell them about my job (internship), where I'm living, and my crime.. I wrote one and so did my mother and grandmother.

It is a 3 month internship. My probation officer may not have a problem with me calling in for reporting since I do that anyway (I only call once a month)... the problem with me only staying for the internship is there is a high chance I may be hired by the person I'm interning for... and If I were to stay where I live now I would be working at some coffee shop.. I'm a photographer and there aren't any opportunities for me here.

Also, the internship is only part-time so once I get there I would also get a part time job.

shirley12 · Aug 10, 2008, 04:50 PM

Hi there

So, I got sentenced to first offender probation in Georgia February 2007. I committed the crime June 2005. I was 19 years old. I have not done one illegal thing since I got arrested and have never ever violated my probation. I just graduated from college in Savannah, GA in May with honors! And I got this amazing opportunity to work for 2 great photographers in New York City. My probation officer helped me a lot and gave me a travel pass for thirty days.. he was going to keep doing this every thirty days until it was over ( I would fly back every month). His supervisor found out and told me this was illegal. The supervisor was very very kind to me and was the one who told me to try and get my probation terminated early. My probation officer is totally for it also.

I have a great lawyer and we are going to file for early termination with the judge. I have paid all my court fees and everything. I was just wondering what are the chances of early termination? Ever since I got arrested I have been the most law-abiding citizen ( I don't even jay walk!). Also, how long until we actually have a court date? Thank you so much!

shirley12 · Aug 10, 2008, 04:53 PM

The crime was possession of cocaine. I have passed every single drug test also. I also plan on applying to graduate school at NYU to study teaching.

JudyKayTee · Aug 10, 2008, 05:09 PM

Originally Posted by shirley12

the crime was possession of cocaine. i have passed every single drug test also. i also plan on applying to graduate school at NYU to study teaching.

All else aside you will not be able to get a teaching certificate in NYS - they have come down hard on people with drug records - if that is your intent.

Not brushing you off but these are questions to ask your Attorney who is far more familiar with the laws in your State and your specific situation than anyone here.

(Is this the same situation you posted in May?)

shirley12 · Aug 10, 2008, 05:34 PM

No. This is different. Also, I will not have a "record" since I wasn't ever convicted of anything... I was sentenced under first offender. It is not on my record. Thanks... I guess. You know people shouldn't respond if all they have to say is "ask your attorney" DUH!

I was hoping to get responses from people who have experience and/or knowledge about early termination...

twinkiedooter · Aug 10, 2008, 06:01 PM

You can ask for early termination but it is all up to the judge. If we were to second guess if you would be released early, we'd be telling you a bunch of fibs, honey. You didn't say how long you had to go. The part where you were caught on the 30 day pass and had to travel back and forth won't fare well with the judge. Just because you have a "great" PO and a "great" supervisor, does NOT mean you have a "great" judge. Sorry to be so pessimistic, but I'm much more realistic and tend toward the "if I get terminated be surprised vs I'm going to be terminated because I'm such a wonderful person and everyone likes me". We don't know what your circumstances were when you were arrested and convicted and what your sentence and fines, etc were so as I said before, we can't just guess about what a judge will do. Every judge is different and every case is different. Possibly you didn't have such a "great" DA trying your case and he just might have a say in your termination as well.

The reason Judy said "ask your attorney" is because she is telling you the same thing I just did above, only in much, much fewer words. Duh!

You were convicted - otherwise you would not be on probation. Double Duh!

shirley12 · Aug 10, 2008, 06:48 PM

Twinkie, there is a difference between being realistic and being negative... and you, my friend, are being negative... look at me, a 22 year old girl who broke the law and is extremely repentant and has turned her life around completely... and I still have high hopes and dreams... and I am not negative. Don't you think I realize that this is a long shot? Trust me, I think about it all the time and I know the judge may very well say no.

And it wasn't a conviction, under first offender law once your probation is done with or terminated there is no record of it.

And to continue correcting you, the judge will not look unkindly at the travel pass situation because I did nothing wrong. The supervisor herself said I did not break the law.

I don't know why you feel the need to be so harshly negative but it really isn't productive.

I never said I'm such a wonderful person or everyone likes me... I said I changed my life and am a law abiding, productive citizen and my probation officer understands that. Next time you answer someone's question try to be a little more positive and friendly, otherwise you come off sounding like a bitter, mean person. Have a great night.

shirley12 · Aug 10, 2008, 06:51 PM

And I was sentenced to three years and ALL of my fines have been paid (actually they were paid the day of court, 1.5 years ago). I was arrested with a tiny amount of cocaine. It was obviously my first and last arrest... is that good enough for you? What else do you want to know?

JudyKayTee · Aug 11, 2008, 05:53 AM

Originally Posted by shirley12

twinkie, there is a difference between being realistic and being negative...and you, my friend, are being negative....look at me, a 22 year old girl who broke the law and is extremely repentant and has turned her life around completely...and i still have high hopes and dreams...and I am not negative. Don't you think I realize that this is a long shot? Trust me, I think about it all the time and I know the judge may very well say no.

And it wasn't a conviction, under first offender law once your probation is done with or terminated there is no record of it.

And to continue correcting you, the judge will not look unkindly at the travel pass situation because I did nothing wrong. The supervisor herself said i did not break the law.

I don't know why you feel the need to be so harshly negative but it really isn't productive.

I never said I'm such a wonderful person or everyone likes me...I said I changed my life and am a law abiding, productive citizen and my probation officer understands that. Next time you answer someones question try to be a little more positive and friendly, otherwise you come off sounding like a bitter, mean person. Have a great night.

I'm not Twinkie but I am going to address your various posts. You've been posting this same question since May in two different threads. Last thread your good points were the very small amount of cocaine you possessed (obviously enough to get you arrested. I believe it's illegal to possess in any amount) and you also said, "I am the best probationer ever..." Nevertheless, you're on probation.

It appears that if people agree with you they are being realistic; if they don't, they are negative. You aren't negative but you think Twinkie is?

And your statement that the Judge will not look unkindly at the travel pass situation because you did nothing wrong, you didn't break the law, is beyond belief.

Twinkie - and I - are not "harshly negative." Between us we have a lot of experience in "things legal" and what has been posted is, in fact, the truth whether you like it or not. I can specifically address NYS because that's where I am, where I work, the law that I know.

You are the last person who should be judging other people, stating they sound "bitter and mean." If you don't want the truth, don't ask the question but please don't shoot the messenger.

Glad your PO understands you are now a law abiding, productive citizen (is this the same PO who was illegally giving you 30 day travel passes) - let's see what the Judge thinks.

I have no problem with a disagreement on the boards but I do have a problem with the name calling and absolute disrespect.

You also never answered whether you intend to apply for a NYS teaching certificate when grad school is over -

excon · Aug 11, 2008, 06:05 AM

Hello shirley:

I think you're better off trying to get your probation transferred instead of terminated. I explain how on the top of the criminal law page on a sticky note.

excon

N0help4u · Aug 11, 2008, 06:15 AM

Bottom line is Judy IS right only your "great" PO and a "great" supervisor, does NOT mean you have a "great" judge can answer your particular situation.

Twinkie, there is a difference between being realistic and being negative... and you, my friend, are being negative... look at me, a 22 year old girl who broke the law and is extremely repentant and has turned her life around completely... and I still have high hopes and dreams... and I am not negative. Don't you think I realize that this is a long shot? Trust me, I think about it all the time and I know the judge may very well say no.

Ummm it is more like the difference between realistic and what the LAW actually says and does. I have seen pure injustice in the legal system many times.
I have seen people railroaded into jail for long sentences for doing something petty while
Somebody that has done everything and anything short of murder walk scott free within a matter of a couple months.

You asked a question they all answered you didn't like the replies so I still don't see why your "great" PO and a "great" supervisor can not or have not given you the answers you seek yet we should have the magic answer?

As I said with the injustice of the legal system it is all up to the Judge. I have actually seen time and again Judges giving hard sentences because THEY were having a bad day and took it out on others.

twinkiedooter · Aug 11, 2008, 09:01 AM

NoHelp - I'm the one who said "great" PO and "great" supervisor - not Judy... Although I'm sure that Judy would have said something similar.

Shirley - Judy did give you excellent information as well on your question.

Shirley - I'm not being harsh or negative, sorry. I didn't spend 15 years of my life in a law office for nothing. I guess I just kept showing up to polish the chair seat, I don't know.

Anyway, if you have such a "great" PO and such a "great" supervisor, why didn't THEY petition the judge on your behalf for an early termination? You don't have to have an attorney peitition the court, but the Probation Department can (and they do on many occassions) petition the Judge for Early Termination at any point they so deem appropriate. Did you ever ask them to do this for you?

Am glad you're a law abiding citizen now, but you still have your past to contend with and properly straighten out and once everything is said and done after you are released by probation, then the conviction will be taken care of. As of right now you are still considered convicted, regardless of what you think, sorry.

And no, I am not a harsh old lady either. I'm just realistic and see all sides of the situation and weigh the possibilities. Don't shoot the messenger simply because you are told the truth. You will find out as you mature that sometimes the truth is not what you want to hear and can sting and hurt until you realize it is the truth.

Please note that I had put the "wonderful person" in quotes as well as that is how your post came off to me when I read it.

We here on this site try and give the best answers we know how to give, whether it is what you want to hear or not. The law is black and white and not grey. It is either illegal or not. Period. The Judge must go by the law as he sees fit. The Judge can interpert the law to fit the crime as he sees fit as well. Happens every day.

Also, I just re-read your part about one and a half years ago when you were placed on probation. It may be too soon as 1 1/2 years out of a 3 year sentence to some judges does not exhibit enough "good" behavior on your part to be released. Usually 2 years is more like it. Also the constant travel pass is not in your favor either.

N0help4u · Aug 11, 2008, 09:14 AM

Originally Posted by twinkiedooter

NoHelp - I'm the one who said "great" PO and "great" supervisor - not Judy.... Although I'm sure that Judy would have said something similar.

Exactly I was referring to the OP herself saying how her PO bends over backwards and used your quote for emphasis. :D

I do agree with everything you, Judy and Ex have told the OP

twinkiedooter · Aug 11, 2008, 09:17 AM

Oh, my confusion, NoHelp. Sorry.

shirley12 · Aug 11, 2008, 10:35 AM

Thanks everyone for answering. I don't expect a magic answer, of course not. I guess I'm just a desperate 22 year old looking for answers on the internet. You guys really showed me the ugly side of the law.

I will keep you updated. Hopefully I will have good news next time. But, from what I read from you, I won't.

Seriously, thanks.

shirley12 · Aug 11, 2008, 11:01 AM

Your answer may have been honest and realistic but your tone was uncalled for.

JudyKayTee · Aug 11, 2008, 11:07 AM

[QUOTE=Comments on this post
shirley12 : There are nicer ways you could've been "realistic"... you were very patronizing, therefore undermining the help you intended to give.. QUOTE]

A very transparent revenge reddie - followed by a posted thank you.

JudyKayTee · Aug 11, 2008, 11:43 AM

Originally Posted by shirley12

thanks everyone for answering. i don't expect a magic answer, of course not. I guess I'm just a desperate 22 year old looking for answers on the internet. You guys really showed me the ugly side of the law.

I will keep you updated. Hopefully I will have good news next time. But, from what I read from you, I won't.

Seriously, thanks.

Shirley12, I am saying this just once. DO NOT CONTACT ME OFF THE BOARD EVER AGAIN. My comments to you were on the board. I didn't take it off the board - please do the same.

While a moderator is looking at this thread perhaps it's a good time to combine the earlier thread (same subject) with this current thread.