[lizsc1]

Hi everyone! I said I would keep you all posted on what happened with my probation. Well, I thought everything was OK... but I was WRONG. I had called the police station in TN and they told me I didn't have a warrant out for me.. . Ill back track, I am from SC, got a DUI in TN when my then boyfriend was stationed at Ft. Campbell. This was 2yrs ago. I went to court a year later, the judge gave me a year probation.. I had hell witch as my PO, and she constantly had it out for me. She told me she was putting a warrant out for me because I hadn't finished the drunk driving class in the time I was given. She gave my case to a new PO and said she didn't want to speak to me again.. I called the police station in TN to ask about my warrant. He told me I didn't have one, so I told my new PO last week when I called to report in... well, she said I did and now I checked the warrant listing in that area, and I DO have one. I called the number that was given, and the man told me I had a corporate bond of $50,000 and I needed to have a bail bondsman there when I turned myself in. Easily said. I have called 20 bondsman today and NO ONE will help me because I live out of state. They all ask for my parents to co-sign.. which is NOT happening. Im so scared, I have made myself sick over this. I came home to SC from WA to get all this taken care of.. and now I feel like Im completely screwed. I have called so many lawyers... no one will call me back. I am not a criminal. I have never been in trouble before in my life.. I made an irresponsible mistake when I was 21 and I feel like I can't get away from it. It is ruining my life. I want to get back to WA to be with my husband.. he may be deploying again sooner than we thought, and I feel like I am adding more stress to our lives than necessary. But, I don't know what to do. I don't want to turn myself in and never be able to get out.. or even spend days in there... That is the scariest place I have ever been... I just want this to go away.. no one will help me and I have pleaded with everyone... You guys helped me out a lot last time and kept me feeling like it was going to be OK... I really would appreciate some advice... bc I feel like my world is falling apart...

[twinkiedooter]

If you do go to jail to await your probation violation hearing - jail's not the worst place in the world. At least you're fed there and have a place to sleep. It's not the best place granted, but unless you can find an attorney to make arrangements for you to have your hearing within so many days of you turning yourself in you might not have any choice. The attorney you had before turned out to be a disaster. Have you contacted him to see who he would recommend to you since he kind of messed up your case originally? Maybe he also knows something more about the $50,000 bond business. I don't really think they give bonds for probation violations plus you would have to have so much cash and collateral and the cash you don't get back. What does that atty have to say about this situation? If you are back in SC that's at least a start in trying to get this settled. You probably won't get back to see your husband before he leaves. Stop beating yourself up over this. It will be over soon. It may have to include you spending a few days (or weeks) in jail before this ends for you. The judge may decide to re-do your probation or extend it somehow. Having left the state and going to WA did not help. The original PO apparently was a jerk. Have you spoken to the other one since you've been back in SC at all? I am sorry I just can't give you any good answers on your situation as it's one of those things that does not have a set pat answer to. There are way too many variables to contend with here especially since you can't get any attorney interested in your case.

[Fr_Chuck]

Also in SC they could possibility take you into custody there. There are many bail bondsmen but the issue is they want to be sure they will get their 50,000 if you don't show up, and being out of state it is more likely you won't show up. And it looks like you need to follow up with one attorney, I know something's it takes several days to get an attorney to get back to you.

[lizsc1]

I was told I could go to WA, I had to send my husbands orders to them.. I did. I am half tempted to go turn myself in and get it over with... and the other half of me is wanting to get on the next plane to WA and never look back... and pray to God I can just avoid the whole thing... Its gut wrenching, really. I don't have $5,000 to get myself out.. the bail bondsman won't help me because I live out of state. Is it possible to get a lawyer to handle everything, so I don't have to go back there? I was told today by the warrants dept that I would see the judge the next day or it could be 10 days after I turn myself in. I can't stay in jail. I would literally die. I did 2 days and wouldn't eat anything. I tried to sleep the entire time.

Is there really no other option?? Im willing to do anything to get this resolved, I just don't want to go to jail.. I know I sound like a huge baby.. I know I did wrong.. but I feel like I have been punished enough.. I don't know how much more I can take, mentally. I have been told what I can/cannot do for the past year, and having to answer to the meanest woman I have ever met in my life. Will she play any factor in what happens to me when I turn myself in?? If so, Im doomed

[twinkiedooter]

Ok, let's be rational here. What was your original sentence. I don't remember what it was. You are working yourself up when you have to be coolheaded now.

[lizsc1]

My original sentence was 48hrs in jail. A year call in phone probation, I had to complete DUI school and pay all court costs and probation fees.

I apologize.. I am going a little crazy here. I feel like my life is at a stand still...

[twinkiedooter]

Ok, thanks for the info. Well you did spend 48 hours in jail. You did(?) complete DUI school and pay all court costs and probation fees. Well that just leaves the one year call in phone probation. I re-read your original post on this problem. Basically it all boils down to the letter and you not telling her your address in WA even though you got verbal permission to move. Have you called the place where you were originally sentenced and talked to them about this? You did say that the probation was not transferred to SC so how do they get jurisdiction over you on this puzzles me. And how could they get a warrant if your probation was never transferred to SC. I'm thinking it was transferred but just to be on the safe side I would contact the Clerk at the courthouse where you were sentenced and see what they have in the court computer on you for this, then I would contact the probation dept at that court house and see what they have to say about if your probation was transferred to SC at all. Then I would contact that original attorney and speak to him. The very worst case scenerio would be that you would have more probation to do. BUT you will have to attend a probation violation hearing to get to that point and you MAY have to spend time in jail to get the hearing. Sounds screwy I know, but if you don't have the $ for the bond and the collateral to back it up, you essentially won't get the hearing. And the judge is not going to just arbitrarily set a hearing as you are not in custody. It's a catch-22 here.

Please do not work yourself up over this. You are making a mountain out of an ant hill here when you think about it. Ok? You have GOT to attend the probation violation hearing to get rid of the warrant. There is virtually no way to cancel out the warrant unless the Judge cancels it.

Jail is what you make it. If you think it's the worst possible place in the world - it will be. If you think of it as something you have to "go through right now" and have a different outlook on it, who knows, it may just help you understand yourself and give yourself a chance to think about your life. It will be an enforced "think about it" for you. The Judge can't re-sentence you for more than 48 hours as that was your original sentence and you did that. It would have been different if you were sentenced to say 3 months in jail suspended and a year's probation. Then possibly you would have had to do the 3 months in jail. See what I mean, you're just over reacting to this whole scenerio unnecessarily.

Make some phone calls tomorrow and get some real info on this so you can calm down.

[lizsc1]

Thank you thank you thank you for all your time. I was sentenced in TN. But, since I lived in SC, they gave me phone probation. I was to report every month. Which I have... I have NOT completed DUI school. I dropped out of it when I was told it would take anywhere from 3 to 12 months to complete here in SC and my PO said I could take a 2hr class in TN and it would be the same.. so that's what I was going to do.

Would I have had to request it getting transferred at some point earlier on? I have no idea how this probation thing works.. guess I should have studied it a little more before.. before it came to all this.

And, how in the HELL can I have a $50,000 bond anyway?? Most everyone I have talked to said that was unheard of... its beyond me really.

I could have the $5000 to get out... but why pay that much money when you don't get it back, and you will eventually go to court regardless... and that's when it will be determined what happens.. Is it just to stay OUT of jail until your court date??

The warrant officer guy told me I would have court the next day.. but worst case, 10 days. And, if I were to have court within a few days of getting bonded out... then I would get a hotel room and STAY there until my court date.. not drive all the way BACK home, and then back up to TN...

Wow... this is insane.. It has to go away. I pray for a miracle. Really

[twinkiedooter]

Liz - you definitely should have paid more attention to this DUI probation stuff. My husband got a DUI many years ago in Florida. He had a zillion hours of community service to do and attend meetings every week so many a week. I was there to drive him to community service and the meetings even if he didn't want to go.

I assumed you had performed all of your imposed sentence requirements. I don't know if taking the 2 hour course at this point would be allowed since you have the warrant. It's now gone beyond a simple thing of just moving and not telling the PO your address. She must have checked and saw that you did not complete the required DUI school as well and decided since you can't complete it in the short amount of time you had left to violate you due to that technicality also. Not to lecture you (I am sure you've lectured yourself on this) but when you moved to WA and knew you had to do some type of DUI school, you should have looked up the DUI school there and attended the classes there.

The bond thing is just to keep you out of jail. The warrant officer did indicate that you could be held up to 10 days though. In reality he is correct. It all depends on when you turn yourself in and how crowded the court docket is for you to have your hearing. I know this is insane in your mind but this is the way the judicial system works everywhere, not just in your case in SC. Here is Ohio it would have been the same scenerio. Turn yoursef in, wait in jail, have the hearing.

The $50,000 bond is just so you'll show up in court for the hearing. The reason they have this set so high is I am sure from previous experience the court has found that most people put up a lower bond and then skip regardless of the consequences. In your case being in WA even though you came back tells them you have somewhere else to skip off to if you change your mind and don't show up. And if you have $5,000 to stay out of jail for a few days that's a pretty steep price to stay out of jail.

In the future, any time you are put on probation, you MUST do their requirements to the letter. In your case never being arrested before you did not realize the consequences of your non actions.

Also, there is a short week coming up next week with the 4th of July being on a Friday which means the courts will be closed and you have one less business day so the warrant officer was just trying to soften the "blow" for you in case you had to wait until the following week to have your hearing while waiting in jail. This is now all up to you at this point what you do.

[excon]

Hello Liz:

First off, I don't believe the guy who told you that you have a "corporate bond of $50,000". It doesn't make sense. From my experience, they don't have bail in a probation violation case.

Bail/bond, according to the Constitution, is available for people who haven't been convicted of anything. YOU, on the other hand, HAVE been convicted. Therefore, I don't believe you can bond out no matter what.

If you have that kind of money, you can pay a lawyer to help you out in SC. That would be a much better investment, in my view. Besides, he can get you a hearing MUCH quicker than you could by yourself. The PO's don't care how much time you languish in jail before they get around to dealing with you. A lawyer can put pressure on them.

excon

[lizsc1]

Thank you excon... I have heard that many times, about the bond issue.

With my probation and the incidient occurred in TN, could I get a SC lawyer.. or do I have to get a TN lawyer??

[twinkiedooter]

Did you call up TN and speak with them yet about this? Having the warrant in SC really complicates things as you should be taken to TN and have your probation violation hearing before the original sentencing judge.

[lizsc1]

Hi twinkie! I have not called them yet, Im at work and my office is pretty much open, I don't want anyone to hear me talking about a WARRANT I have! Plus, Im pretty much lost as to what I need to ask or tell them. I have called so many times, they are probably wanting to get rid of me so I don't call back anymore!

Could TN come here and get me?? What are the chances of that happening?

[twinkiedooter]

You need to ask them this: If you came back to TN and turned yourself in, would THEY be able to get you before the judge and get the warrant quashed or do you have to stay in SC and go before a judge there and THEN go to TN for the probation violation hearing? Basically I'm confused as to which judge or which state would be the one having the jurisdiction to hold the probation violation hearing.

And no, TN is not going to come and get you. Relax.

[lizsc1]

He told me yesterday when I called that I needed to come back to TN and turn myself in. That I had a $50,000 corporate bond, and I can bond myself out which will take about an hour.. OR if I couldn't bond out.. I would see the judge in the next 10 days. I asked him if there was a time limit for me to turn myself in.. He said No, just needed to as soon as I could. Im so scared they are coming for me...

My PO is in TN, I was arrested for DUI in TN, and I was given probation, to call in every month.. They gave me that because I live out of state.

And, if I just move to WA and hope I never get pulled over.. what will happen in the long run? Im such a nervous wreck

[twinkiedooter]

Ok, now this all makes sense. I thought it was SC who had the warrant out for you. Yes, you need to go to TN and turn yourself in. And no, you won't get bonded out like excon pointed out. But yes, you WILL go before the right judge. It will just take a few days to straighten out the whole mess. They would just like you to clear this up as well.

The judge may just decide to have you to a show up every month type probation - only in WA where you live. You need to decide just where you live before you go to TN and turn yourself in. You should get an attorney in TN to help you if you can afford it. Like excon said the attorney will be the one pushing them for the hearing.

Just remember about next week being a "short week" court calendar wise.

And no, you just can't "move to WA and hope never get pulled over". That won't work. You have to eventually go to the driver's license bureau to get a new driver's license or get it renewed. They check the computer while you are waiting there for any outstanding warrants and will have you arrested on the spot. You can't keep living your life looking over your shoulder for the law when it's just a DUI probation violation! Relax. Like I said, it's going to be over shortly and you will look back and kick yourself being so freaked out about it. I'll bet you're a wreck when it comes to the dentist also. The dentist is worse than this. Please don't be a nervous wreck over this. OK?

[smokedetector]

I don't know much about bonds and warrents and such, but I do know if you ignore it, it certainly won't go away, so I wouldn't lump that in your list of possibilities. I suggest finding help, here and elsewhere, and like the guy you called said, take steps to correct this problem as soon as possible. I wish you the best of luck.

[lizsc1]

Hey twinkie! You must know me!! I am def that type where I am scared to death 3 weeks before my dentist appt!! And then when its over, I kick myself for having an upset stomach for 3 weeks!!

I just don't know what to expect, I have this feeling they are going to get me there and keep me forever. And never let me out.

Everyone keeps talking about the "short week," Im not sure what that's supposed to mean. But, it takes 14hrs to drive to Clarksville, TN from where I live. So, Im going to have to make a plan, get someone to take me... bc I can't drive in TN, and make arrangements to stay there when/IF I get out before I go to court. Its going to take some planning.

I would like to get a lawyer to help me, but I was so totally screwed last time I got a lawyer up there.. and now Im afraid of all of them, and the ones I have been referred to... wont call me back.

Should I call the warrant officer back and advise him that there isn't a $50,000 bond? He said there was, Im a bit confused myself

[JimGunther]

I was a probation office for 7 years in Maryland and it seems to me that there are several issues here that complicate what should be a simple situation. First of all, you say that there is a warrant for your arrest for a violation of probation for not completing DUI school. The first thing you should do after you finish reading my post, is to get off the Internet and use your computer to begin a letter to the judge who placed you on probation. His information should be on your copy of the probation order. Tell him about your complications with your husbands deployment, your reasons (if you have any) for dropping out of DUI school, and quickly get back into compliance by enrolling in a DUI school.

I realize you were supposed to complete the school by a certain date, but if it is at all possible for you to come up with some reasonable excuse to tell the judge as to why you didn't complete the school, stress that point and ask for an extension. I have a son in the military and it seems that there is always something popping up that complicates his family life. Get a paper from a DUI school showing that you are enrolled and enclose a copy with the letter to the judge. The judge has the power to quash the warrant or alter the conditions of probation in any manner he sees fit.

Now don't get me wrong, this may not work (I have seen it go both ways) but it is better than sitting around and worrying. And I am assuming that you have no other violations of probation that you have not mentioned. I know from experience that judges tend to bend over backwards to accommodate the needs of military families.

I would also seek the advise of a public defender in the jurisdiction where the violation of probation hearing will be held. Maybe that is not what they are called in your state, but anyone in my state who is charged with anything, including a violation of probation, that has a jail sentence attached to it, is entitled to a lawyer if they meet certain income requirements. You should seek legal advice through whatever avenue you can.

Good luck and I hope everything works out. I hope you have learned something from this incident and in the future when you have the desire to get behind the wheel after drinking, remember how it felt to be in this fix.

[lizsc1]

Hi Jim, I was wondering if you could give me some pointers as to HOW to write this judge. I have been round n round racking my brain, trying to not make it sound sooo.. pathetic, I guess you could say. A judge is a pretty important person, and I keep feeling like my letters aren't good enough. Thank you.

Also, do you think I have an amount of time to turn myself in? Or is it possible that they could just come to SC from TN to get me??

Do you think the chances are good that I can get this judge to help me??