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StillLuvHim28 · Mar 4, 2009, 12:27 PM

Okay... first of all hi to all. Im new to this site so forgive me if I don't so this right :(... Anyways my boyfriend/baby's father got arrested on the 6th of last month for getting recorded on video selling drugs to an undercover cop and another time buying drugs and the last time taking money to purchase a handgun and cocaine, after that final thing on video they picked him up at his house, they set bond but then noticed he was on a 3 year probation for possession of "bars" I guess its called, so they put a probation hold and he's been in there ever since awaiting his trial date on 03/18th.

Before this happened (the new charges) although this is his first violation, his relationship with his p.o. is awful. He never called her, never reported or paid fines and also she got wind of him leaving the state for 5 months... But he does have a paid lawyer the best in our state when it comes to drug trials and we've paid him over 6000 and he promises that my man is coming home on 03/18... does this sound about right? Or will he be violated.

Oh and he has 12 failure to appear to court on his record for every single time he's been in trouble before this probation violation... I need advice on what those more experienced think will happen at his court date in two weeks. He's been on cloud 9 ready to come home and giving away his stuff on the inside and everything... should he be more worried??

twinkiedooter · Mar 4, 2009, 12:41 PM

What part of he's not coming home doesn't he understand?

If all the "new" charges don't keep him in jail for a very long time, his "old" charge or the VOP will. You said he doesn't show up, left the state for 5 months, and has not paid his fine, and now has new charges against him. Any of those items are instant violation of probation.

Just having paid an attorney $6,000 is fine and all that, but I don't know of any criminal attorney that is that good to have everything miraculously dropped for the violation of probation charges and for him to go home on the 18th at his violation of probation hearing.

I don't see it happening. Would suggest telling him not to give his stuff away.

The purchasing of a handgun by a felon will get him prison time.
The purchasing of the drugs will get him prison time
The selling of drugs will get him prison time.
The fact he is on video tape means just about a slam dunk for the prosecutor in his new case.

MsMewiththat · Mar 4, 2009, 12:52 PM

I agree with twinkiedooter that he most likely needs to keep his belongings and not give them away. Home is a wonderful place. Therefore when they allow you the privilege to go, you should do what they say in order to stay. Here's the deal, what benefit would they have or reason would they have to allow him to go back home? He has violated every aspect of the meaning of probation...

Straight from Wikepedia : "An offender on probation is ordered to follow certain conditions forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent criminal activity or possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. " HMMMM probably not coming home. Sorry. Come back after the hearing and let us know what happens. I'm intrigued.

StillLuvHim28 · Mar 4, 2009, 12:56 PM

Thank you twinkiedooter... funny thing is I LOVE this man so much but I hope he does get time... he is a career criminal and we share a two month old baby girl and I think he needs the time so he can grow up. If he gets out like he does every time he WILL commit more crimes I just know it so your insight has helped bring me more hope that he will stay in... his own mother actually hopes he gets the rest of his probation term on the inside also...

Im just so scared because he is sooo certain he's going home that day. The lawyer is telling him so but Im like you what judge is going to just be like oh well you're sorry you messed up several times okay bye. If he gets out there is no justice for me or our little girl because he will not be the man he needs to be so I hope you are right twinkiedooter. Thanks again. I will keep you posted as I am sure to go to court on the 18th and I pray I leave happy (cuz he has to do time) and not leave crying because he went free... tough love is hard :(

StillLuvHim28 · Mar 4, 2009, 12:59 PM

To Msmewitthat... *love your handle by the way, my boyfriend says that all the time when I say some stuff he don't want to hear, lol* but anyway he thinks he's coming home because its his first violation but the video tape thing three times, I mean what more does the court need! And I will definitely let you guys know how it goes, Im going to be in that courtroom bright and early too because if he gets out its just ridiculous. I love him but he needs to do this time. He has gotten off so many times and Ill be darned if he tries to come around our baby girl while he's still this "wanna-be" thug. My child comes first even if I love him so and he is her daddy. Love my baby more...

Fr_Chuck · Mar 4, 2009, 01:25 PM

I see no way that he will not get sent up for the probation violation.

And there is enough other felonies you mentioned, was it 7 or 8 maybe additional charges.

I would start getting used to visits at the jail. And I can not even believe any attorney would say he would be back in a couple weeks,

But then stanger things happen

StillLuvHim28 · Mar 7, 2009, 01:08 PM

Removed by author so I don't have "trouble"...

JudyKayTee · Mar 7, 2009, 01:39 PM

Originally Posted by StillLuvHim28

Well not really sure what to think now because his lawyer is saying it is certain that he will walk on the 18th because he will get him probation on top of probation supervised where he can go home and him and the judge he is to go before that originally put him on probation are drinking buddies so it should be a peice of cake....

You paid an Attorney - take his advice. He's much closer to the case and the facts that anywhere he is.

It is a foolish thing to post that the Attorney and Judge are drinking buddies and so your boyfriend will walk -

twinkiedooter · Mar 7, 2009, 01:51 PM

Goes to show you that bribing judges is still alive and well in Louisiana. That's very sad that all the boyfriend is going to do is think that paying his way out of predicaments is going to allow him to completely walk away from anything he does criminal wise in the future. I shudder to think what his next "video" might be.

StillLuvHim28 · Mar 7, 2009, 02:48 PM

To JudyKayTee I wasn't saying that to be bragging, honestly I'm disgusted with this notion that he may get out because of the judge and lawyer personal relationship but still no one is answering my question if he is likely to get out due to this notion? And is probation on top of probation a possibility?

JudyKayTee · Mar 7, 2009, 09:19 PM

Originally Posted by StillLuvHim28

To JudyKayTee I wasnt saying that to be bragging, honestly im disgusted with this notion that he may get out because of the judge and lawyer personal relationship but still noone is answering my question if he is likely to get out due to this notion? and is probation on top of probation a possibility?

I didn't think you were bragging - I still think this is a foolish thing to post. If anyone comes across it I see problems for you.

You DID get an answer - an Attorney who is in your area, familiar with the facts and circumstances of the matter, told you what the outcome will be. We aren't there. We don't know the Court climate. We are GUESSING.

Take the advice you paid for.

StillLuvHim28 · Mar 7, 2009, 10:24 PM

I was merely quoting what the lawyer told me not what I have observed. I had no idea about that until he told me but that's what I get for being "foolish" guess Ill sit back and wait for whatever is to happen. Moved the post in any case in case it offends anyone and I know everyone is guessing but I just wanted advice from those experienced. I guess I chose the wrong place to do that, even though this IS a website for asking questions. Sorry to offend anyone and moving on to another site where I won't be made to feel stupid for using a resource for what it is.

StillLuvHim28 · Mar 8, 2009, 01:01 PM

How would reading the answers be helpful when I was told that I can't go by what anyone says here in the first place. If I wanted to hear what I want to hear then I wouldve agreed with the first response that he's going to stay in jail because that's what I want but the lawyer says he's going to get out so guess that's what's going to happen. If anyone knows how to take me off here report myposts and take me off so I can stop being freakin insulted by someone who obviously has nothing better to do. I found a site where a probation officer, judge and lawyers assistant have all answered my questions in a professional manner without insulting me so report my posts and take me off this joke of a site. Thanks.

twinkiedooter · Mar 8, 2009, 03:17 PM

Originally Posted by StillLuvHim28

How would reading the answers be helpful when I was told that I can't go by what anyone says here in the first place. If I wanted to hear what I wanna hear then i wouldve agreed with the first response that hes gonna stay in jail because thats what I want but the lawyer says hes gonna get out so guess thats whats gonna happen. If anyone knows how to take me off of here report myposts and take me off so I can stop being freakin insulted by someone who obviously has nothing better to do. I found a site where a probation officer, judge and lawyers assistant have all answered my questions in a professional manner without insulting me so report my posts and take me off this joke of a site. thanx.

Ok, so a probation officer, a judge and a lawyer's assistant answered your question on another site?

Ok, so WHAT did they indicate was going to happen? If you wouldn't mind telling us as we are all very interested in this topic.

StillLuvHim28 · Mar 8, 2009, 08:20 PM

The judge says that he will do time, the probation officer said if it was her "client" she'd violate him and the lawyers assistant said that he will do time... but I just wanted some other opinions as Im just scared but I will come back here and post the outcome of his trail 03/18. Sorry for my rudeness Im just frustrated with this whole situation and seems like I was getting attacked. But those interested I will let them know what happens.

StillLuvHim28 · Mar 9, 2009, 09:14 AM

Talked to his p.o. directly this morning and I told her I'm worried about him getting out should I get a protective order ahead of time and she told me yes because probation on top of probation is a possibility and the final word is that of the judges so wait and see but he can possibly be let go... so I guess now I will "wait and see" let you guys know in 9 days what happened.

JimGunther · Mar 9, 2009, 10:27 AM

I was a probation officer for seven years in Maryland and find it hard to believe that the PO would not have sought a warrant for the person's arrest after a few missed report dates. In my state I would be required to go out and look for the person myself under such circumstances, contacting relatives, neighbors, etc. to try to get the person to contact me, and if that didn't work, I would have no choice but to write the court seeking an absconder warrant. I agree with those who say that the person is quite likely to get some heavy jail time. By the way, if this person had been "out of state for five months" and I did nothing about it for that amount of time, I would quite likely lose my job.

As you may be aware, Louisiana is the only state in this country that does not follow English common law, the judicial system there is based on the Napoleonic Code, so there may be some differences in the process that many of us might not be aware of. For example, let's not forget that the person has been charged but not convicted of new offenses. In my state the person would quite likely stay in jail until these charges are disposed of one way or another, and then the violation of probation hearing would be held. It may be different there. It is conceivable, I suppose, that the person could make bond on both the probation violation and the new charges, but that seems unlikely to me. In that case he would likely spend some time in jail if he is convicted of the new charges or the probation violations.

StillLuvHim28 · Mar 9, 2009, 11:33 AM

To Jim: his p.o. did get a warrant for when he was in TX she knew he was there because his girlfriend at the time was with him and gave his p.o. the phone number and address where they were staying after a fight theyd had but by the time they were ready to go pick him up he was back in monroe. So I guess that same warrant was active. He committed the new crimes all caught on video went to jail with bond but then the bond was taken off and he was put on a probation hold because he was in violation with the new charges and for not reporting and leaving the state. His vop hearing is next Wednesday so I guess everything will be taken into consideration then. Right now Im on a wait and see basis :(

JimGunther · Mar 9, 2009, 12:22 PM

I would be surprising to me if they would hold a VOP before the new charges were disposed of. In my state picking up new charges does not automatically violate probation, getting convicted does. Again, things may be different in Louisiana.

StillLuvHim28 · Mar 15, 2009, 11:38 PM

Just a quick reminder his court date is this Wed. so I will be back here to let everyone know what happens and its common knowledge amongst most in our city that people in higher places trade favors as his p.o. lawyer and jududge in this case are close and the lawyer has bragged to me and his fam about it so we will see what becomes of that in 2 more days... hmph only in Louisiana.