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    TMI's Avatar
    TMI Posts: 3, Reputation: 1
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    #1

    Dec 23, 2009, 05:53 PM
    "Paid off" probation - What to expect now?
    Hello,

    I've got a question concerning my legal situation. I'll try and make the background short -

    Essentially, I was charged with two felony's relating to marijuana. Long story short, a shady "friend" was selling marijuana to me alone initially, but he got greedy and got himself under watch, getting me involved in the process. Once he was "raided" while I was with him, I happily took the police to my residence down the street where they had seen us leave before, and allowed them to take everything. Unfortunately my large jar of "used" vaporized marijuana was counted, resulting in me having a felony amount, although I had a relatively small amount that was actually usable. But now I'm rambling. (Oh yes, the other felony was "running a drug house" due to the marijuana being in my residence.)

    Anyway.. 6 months and all kinds of court later, in the end, I've gotten a pretty lucky break. Living in Michigan and being 20 years old, I was approved for "HYTA" (Holmes Youthful Trainee Act), which allows people under 21 in a criminal case to not have anything on their record upon completion of probation.

    On my final court date, the judge gives me two years probation, but with a pleasant surprise - Pay 1500.00 and any outstanding court costs, and probation will end there, him saying that I could be off probation "within a week". I was quite happy with this, and paid the county clerk in full on that day. My total was 1696.00, with the 196.00 being some various court costs. No matter, just happy to get everything done with.

    Anyway, this was on 12/15. I give probation a call once I arrived home, and they told me it takes about seven business days to assign a PO who I would deal with. Odd I thought, considering I had paid everything in full, but I understand following procedure. Called them up Monday, nothing yet, just call back Wednesday, today.

    Here's where my confusion kind of begins, and where I hope some of you more knowledgeable folks could help me out. I called and thankfully they finally had me assigned to someone. I managed to speak with this woman who told me that I was assigned to report Monday at 9AM (12/28) for my orientation and whatnot. A bit confused, I tried to explain the situation and how everything should be paid and good to go at this point, to which she, having a very unpleasant attitude might I add, replied that it was all "well and good" but that I needed to come down and meet regardless. Trying to explain that I work from around 8AM - 6PM every weekday got nowhere, simply more attitude. Ah well, what's more missed work..

    Anyway, so my main question is: what can I expect at this meeting? Drug testing? Simple conveyance of probation conditions? I had thought most of my headaches with this were over, and that I simply needed to bring my paperwork from the judge laying out the condition that I pay the fees and my proof that they had been paid.

    Secondly however, just today I received a "bill" in the mail from the court charging me an additional 720 dollars. I called my attorney to see what he thought of this, to which he said it sounded like probably the fees for two years of probation. He himself was uncertain to if they would force me to pay it, although he advised me that sadly, if they did, it would be best to just pay it and get out. Would one think I would need to pay this at some point as well, considering when I was sentenced and saw the clerk, my full outstanding fees at the time of payment were 1696.00, which have been paid?

    Anyway, thank you very much for taking the time to read my long winded story. I appreciate any insight anyone may have on this matter.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 23, 2009, 06:05 PM
    Quote Originally Posted by TMI View Post
    He himself was uncertain to if they would force me to pay it, although he advised me that sadly, if they did, it would be best to just pay it and get out.
    Hello T:

    There's something amiss when a judge says you'll be off probation in two weeks, and your probation officer doesn't believe it.

    Your question shouldn't be how to get along on probation. It should be, why the HELL are you having to report to this dufus broad. At least, that would be the question I'd have...

    The good news is, you have a lawyer. I see above where he's not so certain about stuff... That ain't good. You want a lawyer who IS certain about stuff. Or at least you want one who, if he isn't certain, that he'll investigate to find out. Yours doesn't seem to want to do that.

    If he's not predisposed to find out, maybe he will if you prompt him a bit. It'll only take a phone call or two... Or, maybe reading the judgment will help...

    I'd call him up and guide him if you have to.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 23, 2009, 06:19 PM

    If it is not in the probation paper work, you will need to have your attorney to motion the court to end the probation per the sentence.

    But until you have an official OFF, you are still on, and yes most likely they will be doing drug tests, so you can still at this point have issues until you are officially off
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #4

    Dec 23, 2009, 06:20 PM

    According to your question, the judge stated that you could be off probation within a week. Of course, it is then possible that you could not be off probation within a week. Regardless, to get off probation, you must first be on probation. At your first meeting, you will probably be given a "conditions of probation" to go over and sign and may be drug tested. The officer will discuss the probation costs as well.

    However, if you are taken off probation, it normally means that you are taken off supervised probation. However, all of the conditions will remain in effect until the probationary period is over, absent reporting. You will need to confirm this with your probation officer.

    You are very lucky to be in this program. Successful completion means no criminal record.

    Good luck!
    TMI's Avatar
    TMI Posts: 3, Reputation: 1
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    #5

    Dec 23, 2009, 07:24 PM

    Thank you all so much for your quick replies.

    As far as the prob. Officer not believing it, I really don't think it was that, it was more of a feeling that I was being "brushed off", and not only by the probation officer. Both receptionists I had spoken to as well as the officer seemed almost "annoyed" that I had called and were very short and quick with anything they said. Pretty disheartening when I just want to understand what's going on..

    Anyway, my paperwork says right on it "Defendant may be discharged upon payment of 1500.00 + court fee's/costs", basically summarizing what the judge said.

    As for my lawyer; he's actually quite good and has gone far above and beyond what I needed him to do (actually is a friend of the family. I've paid about 1,000 dollars in fees to him, where as my former friend with similar charges has paid over 8,000.), and he owns a fairly prestigious practice. I just mean to emphasize that he isn't trying to cut corners or anything, heh, just has not seen any of the paperwork I received today as of yet.

    As far as I can imagine, these are just procedures I have to go through, having to be "on probation before I can get off" as SDM has stated..

    (and yes, quite lucky! I'm very grateful)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 23, 2009, 07:29 PM

    Probation officers merely shuffle paper work and look for reasons to make your life suck. ** and those are the good ones.

    They care less for what you want

    And that is not his money, and he cares less if you pay or not, he may even hope you don't so he can mess with you.

    Remember this is a government office, the PO are normally very over worked so if they take a month to do something that should be done in a week, they don't care
    TMI's Avatar
    TMI Posts: 3, Reputation: 1
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    #7

    Dec 24, 2009, 09:20 PM

    Heh, it certainly seems that way Chuck!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Dec 25, 2009, 11:02 AM

    "Defendant may be discharged upon payment of 1500.00 + court fee's/costs", basically summarizing what the judge said.

    Your attorney needs to Motion the Judge attaching the court clerk's receipts for the monies you paid. He should theoretically then terminate your probation. Basically you paid too quick and now no one knows how to handle that scenerio.

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