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Code-Red · May 8, 2009, 08:44 PM

Ok last March I was convicted of Mis-1 Theft in butler county Ohio. Judge sentanced me to six months but let me finish school so I didn't report to jail until June 1st and was released on July 1 after my review hearing. There he gave me 2 years reporting probation and 120 hours com-serv. I have made complete restitution and paid all fines and fee's, took a theft class, and finished my com-serv 3 weeks after my release. I went monthly to visit my PO and last Nov. we worked it out so I went every two months.

Last time I went was Jan. and I was supposed to meet him March but I forgot. I forgot because my wife, fiancée at the time, was leaving for kuwait, she's in the ANG, the week of my PO visit and we got married 1 week before that. Well she finds out that she is pregnant so her deployment to kuwait was cancled and we begin moving her stuff into my house the day before my PO visit. Then the following week I lose my job. Needless to say I've been stressed out and then I got a letter summoning me to court May 14 for a PV. I admit its my fault but due to extenuating circumstances.

Since this is my only criminal offense, not even a speeding ticket, and only problem with probation what can I expect? It is all up to the judge right? Really can't afford to go to jail for 5 more months and ill lose everything if I do, wife included most likely. So just trying to see if there is a minimum punishment I must serve or if everything is up to the judge. If I have to depend on his sympathies I'm worried, he's not the most forgiving of people...

Sunflowers · May 8, 2009, 09:40 PM

Your best chance is to have a good lawyer with you to present a defense. Why didn't you contact your PO as soon as you realized you missed your meeting? It is up to the judge. He can do anything from putting you in jail to ending your probation early.

Code-Red · May 8, 2009, 09:59 PM

Originally Posted by Sunflowers

Your best chance is to have a good lawyer with you to present a defense. Why didn't you contact your PO as soon as you realized you missed your meeting? It is up to the judge. He can do anything from putting you in jail to ending your probation early.

I didn't realize I missed until I talked to a recruiter about joining the National Guard. By then it was to late. I simply forgot all about reporting. Like I said before, this was my first and only offense, one that I'm not proud of, and I do my best to forget about it. The letter said they tried to contact me several times but I never had any calls go to my phone or letters in mail. I know its not their job to remind me but if I would have gotten a call saying I missed and needed to come in asap I would have. I called my PO and he said he left me 1 message but that was on my cell phone, my secondary #, and not on my primary house phone number and that phone broke so I got a new one with a new number.

I would get the same lawyer I had before, I was actually charged with a felony theft of $5600 but he got it knocked down to a MIS-1 because I was able to make full restitution the day of court, but he is pricey and I have limited, and by that I mean no extra, funds right now. I have heard of some people having their probation dropped for things like this, my wife's uncle did and he violated two rules of his probation and had 3 years left but the judge dropped him. I just don't consider myself that lucky.

I thought it was up to the judge, just wanted to make sure. If anyone has any thing to add or advice to give I will graciously accept it. And sorry for this being long winded, I just like to make sure I'm detailed in my description of events, kind of like rehearsal for court...

Sunflowers · May 8, 2009, 10:15 PM

He is still your lawyer. Give him a call. This matter can be taken care of with a short court appearance. Make sure you tell your lawyer all your reasons and provide him with receipts for fines and other proofs that you have completed all requirements of probation except your last meetings with PO.
Maybe he will accept a payment agreement. You really need him to be there otherwise you won't really have a chance to use your reasons.

Code-Red · May 8, 2009, 10:22 PM

Originally Posted by Sunflowers

He is still your lawyer. Give him a call. This matter can be taken care of with a short court appearance. Make sure you tell your lawyer all your reasons and provide him with receipts for fines and other proofs that you have completed all requirements of probation except your last meetings with PO.
Maybe he will accept a payment agreement. You really need him to be there otherwise you won't really have a chance to use your reasons.

Ok I will give him a call. Only problem I forsee is that I have court next Tuesday which is very short notice. He didn't show up on my review date which made me very mad considering I paid him 1k to handle my case. So amybe I can work something out with him on such short notice I hope. Thanks for your advice, anyone is free to chime in if the wish to...

twinkiedooter · May 9, 2009, 09:53 AM

YOur lawyer was retained for your original matter. That was resolved. Now for the post conviction matter you will have to pay him to represent you on that as that is a completely different matter.

And quite frankly, the judge will not be interested in your lame excuses of why you didn't check in every 2 months. The onus is on you to remember to check in regardless of the circumstances. The judge is not going to be nice about this fact that you are not taking your probation seriously considering he's already given you how many breaks such as letting you go to jail at your convenience and letting you out early. You couldn't have messed up any better than what you have already except get arrested for another charge of some kind.

Code-Red · May 9, 2009, 10:39 AM

Originally Posted by twinkiedooter

And quite frankly, the judge will not be interested in your lame excuses of why you didn't check in every 2 months. The onus is on you to remember to check in regardless of the circumstances. The judge is not going to be nice about this fact that you are not taking your probation seriously considering he's already given you how many breaks such as letting you go to jail at your convenience and letting you out early. You couldn't have messed up any better than what you have already except get arrested for another charge of some kind.

I know it was on me to report. I even said its my fault. I thought this was an ask/answer forum, not a berate forum. I was just asking for any info and help on this matter. I took my probation seriously, but because of compounding factors I forgot. Lame maybe, but it is the truth. Thank you for your "helpful" response.

twinkiedooter · May 9, 2009, 11:22 AM

Originally Posted by Code-Red

I know it was on me to report. I even said its my fault. I thought this was an ask/answer forum, not a berate forum. I was just asking for any info and help on this matter. I took my probation seriously, but because of compounding factors I forgot. Lame maybe, but it is the truth. Thank you for your "helpful" response.

Your title of the post was "what to suspect?" You obviously meant to say what to expect. So I told you what you can expect. This is not a "feel good" law board. If you want a feel good board maybe you should have posted under a different category.

How could you have forgotten the most important thing in your life right now? I would think the word "freedom" and "not being in jail" would definitely come first before anything else right now.

The only "extenuating" circumstances judges accept would be if you were in the hospital and unable to keep your scheduled report in with the PO. They don't care if your wife is in the hospital having a kid, etc. They want you to report on your scheduled days period. No ifs, ands or butts accepted by judges. I had a friend who didn't report in on her scheduled date as her fiancée was in the hospital dying. Judge didn't care and she had to serve her time in jail. And this was in Medina County, Ohio - not too far from where you are. And her folks were very rich on top of that and had a very pricey attorney for her at the probation violation hearing as well. So, no, I'm not "berating" you, I'm just trying to have you see how the law will be treating you for not reporting in to the PO on your scheduled dates. You may get lucky though, in that the jails are full, and the Judge may only extend your probation another year or so versus jail time.

Code-Red · May 9, 2009, 12:30 PM

Originally Posted by twinkiedooter

You may get lucky though, in that the jails are full, and the Judge may only extend your probation another year or so versus jail time.

Well I feel sorry for your friend. Its hard for me to believe that a Judge could be so unsympathetic.

I'm really just wondering what my chances are of jail time. Do I stand a better chance of staying out of jail or going in. Like I said before "he gave me 2 years reporting probation and 120 hours com-serv. I have made complete restitution and paid all fines and fee's, took a theft class, and finished my com-serv 3 weeks after my release." so because of that and since this is my first problem while on probation would a judge be more forgiving?
I don't care what happens as long as I don't go to jail for any lengthy period. I have a family to support now and can't afford to go back to jail, or make another mistake like this. I constantly beat myself up because of this.

I will contact my Lawyer Monday morning and see what he has to say then report back here with his advice. If possible, meaning if I go to jail or not on Tuesday, I will also report back after court to let people know the results so if they need a reference or something similar happens to them they can look here as a possible outcome...

Sunflowers · May 9, 2009, 01:27 PM

Originally Posted by Code-Red

I know it was on me to report. I even said its my fault. I thought this was an ask/answer forum, not a berate forum. I was just asking for any info and help on this matter. I took my probation seriously, but because of compounding factors I forgot. Lame maybe, but it is the truth. Thank you for your "helpful" response.

I'm not here to berate anyone. This is a criminal law board after all and people who commit crimes do have a right to present a legal defense. This is why I like to emphasize the need for a good criminal defense attorney. In spite of anyone's story about what happened to them or a relative or a friend, the fact is that it is up to the judge on what happens to you for your violation. If you have a good criminal lawyer who has a good relationship with the prosecuting attorney and the judge is in a good mood that day chances are your lawyer can use your facts to get you off the hook or at least reduce the possibility that you would be sentenced to jail time. It is not unheard of for someone (in a similar situation) who has met all the probation requirements and has neared the end of the probation period only to be violated by the PO for something insignificant and the judge ending up ENDing the probation, closing the whole case. It is also not unheard of for the judge to throw the book at someone for even a slight misstep.

Good luck and hope to hear how it goes.

Code-Red · May 9, 2009, 01:34 PM

Originally Posted by Sunflowers

I'm not here to berate anyone. This is a criminal law board after all and people who commit crimes do have a right to present a legal defense. Good luck and hope to hear how it goes.

I'm sorry I wasn't referring to you that comment was for twinkiedooter. I don't mean it in a bad way. Im just really stressed out and right when I think I start to see a light at the end of the tunnel this whole mess happens. Thanks to those who responded to my thread. If anyone wants to donate some advice I will be happy to take it. Will keep you guys posted...

twinkiedooter · May 9, 2009, 03:23 PM

CodeRed - I also worked as a paralegal in a criminal law office in Ohio for several years so I think I know what I'm talking about. My friend was just an example of how judges up here in Ohio think regarding probation violations.

And yes, please do come back and tell us how you fared at your VOP hearing.

Code-Red · May 9, 2009, 03:32 PM

Originally Posted by twinkiedooter

CodeRed - I also worked as a paralegal in a criminal law office in Ohio for several years so I think I know what I'm talking about. My friend was just an example of how judges up here in Ohio think regarding probation violations.

And yes, please do come back and tell us how you fared at your VOP hearing.

It just sickens me that judgement varies so much court to court or day to day. Wife's Uncle got out of jail, was out on 5 year probation, was ordered to go to AA meetings and stay away from bars. Does that for about 4 months then starts skipping AA meetings and goes drinking in bars again. PO even came over to the house and gave him the breath test and he failed. He has priors and was a handful for the PO. What does the Judge do? Cancles his probation and gives him nothing. Lucky bastard...

excon · May 10, 2009, 06:05 AM

Hello C:

If all you did was fail to report ONE time, they're not going to throw you back in... And, I don't think they're going to throw you back in whether you have a lawyer or not.

excon

Code-Red · May 10, 2009, 11:28 AM

Originally Posted by excon

Hello C:

If all you did was fail to report ONE time, they're not going to throw you back in... And, I don't think they're gonna throw you back in whether you have a lawyer or not.

excon

Yea, that's what I was thinking. I've been on probation for ten months without any problems and I just forgot to report. But I'm just worried about the judge because he said the next time he see's me I get the book. That was a year ago so maybe he forgot, I don't care what he does as long as it isn't jail time, wife and kid on the way means I got to work...

Code-Red · May 11, 2009, 02:26 PM

Well my lawyer never answered my calls or returned my messages. Ticks me off so I guess I'm going into court alone, well wife is coming but you get what I mean. If you don't hear back from me I'm in jail lol.

Fr_Chuck · May 11, 2009, 07:13 PM

My guess after 10 months and one missed meeting, they will read you the riot act, remind you that short of Jesus hisself the PO is god of your life basically and wants you to remember it.

Sunflowers · May 11, 2009, 07:36 PM

Well, nothing like finding out at the last minute that you can't really count on your lawyer...

No wait, you already found that out when he didn't show up the first time, sheesh.

Oh well hopefully after this you never have to call a criminal lawyer again. Hope to see a post from you tomorrow and hope you have learned your lesson! Good luck.

Code-Red · May 12, 2009, 10:09 AM

Ok well just got back from court. Everything is cool, just need to report tmrw for a drug test and then its back to every two months.

Came down to my PO saying I was a good kid (21) and that he would have no problem reinstatting probabtion. So if anyone else uses the search function (doubtful) as long as your relationship with your PO is good on your first failure to report you should be fine...

Sunflowers · May 12, 2009, 12:58 PM

That is good news! I'm happy for you.