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hockyjoc33 · Dec 29, 2009, 10:26 AM

Can a felony probation violation be suspended temporarily to allow for the outcome of the trial for the alleged incident that was the violation? If the violation incident ends in a not guilty, then therefore there shouldn't be any violation, correct?

excon · Dec 29, 2009, 04:23 PM

Originally Posted by hockyjoc33

correct?

Hello h:

Correct. But, if it ISN'T happening that way, tell me.

excon

hockyjoc33 · Dec 29, 2009, 07:17 PM

That's what my public defender is telling me. That I have to turn myself in and do 30days min for just being arrested period. Before even any trial or verdict on the charge that would potentially be the violation of probation. I'm on 5-yr felony probation for possession of marijuana plants in my backyard about 4yrs ago. So, almost off probation, and no other prior crimes. Last month, I get arrested and charged with misdemeanor battery solely on he said-she said. Im confident that I will beat it if it goes to trial, because there are multiple witnesses and pics should verify otherwise. Anyway, after the arraignment for the misdemeanor, I spoke to public defender who informed me of a separate warrant for violation of that original probation, which would require me to turn myself in or be taken in at my next court date for the misdemeanor. If I believe I am not guilty for the misdemeanor, and have a strong case of beating it, couldn't the public defender ask for a suspension or delay of the violation proceedings until I've at least had a chance at trial> not guilty she said means no violation. So, why can't I wait for a verdict on the misdemeanor to do any violation sentence if there ends up being one?

Fr_Chuck · Dec 29, 2009, 07:22 PM

You can of course always have the attorney ask,

Did you report this to the PO when it happened ?

excon · Dec 29, 2009, 07:31 PM

Originally Posted by hockyjoc33

Thats what my public defender is telling me. That I have to turn myself in and do 30days min for just being arrested period. before even any trial or verdict on the charge that would potentially be the violation of probation.

Hello again, h:

You've got it right. No conviction - no violation... Being arrested is NOT a violation...

Before you're "sentenced" to 30 days for violating, though, you will have a hearing before the judge who will decide your fate... When you're there, tell him exactly what you've been telling us. I can't believe he'll violate you, because you broke NO probation rules...

That assumes that you informed your PO immediately after your arrest. Not doing so WOULD be a violation...

It sounds as though you already had a hearing, or the PD wouldn't know about the 30 days. How did that happen? Plus, the PD absolutely SHOULD know about the no conviction - no violation thing... If he doesn't, you may need to prompt the PD to actually represent you, instead of just delivering messages...

I'm missing something here. You need to fill in the holes.

excon

hockyjoc33 · Dec 30, 2009, 12:52 PM

Well to my understanding when I was originally placed on probation, it was "court probation", and I was never assigned or had to meet with any probation officers. What you're saying sounds like it makes sense though as far as why I could potentially already have a warrant for violating prior to even having a verdict for the misdemeanor. There have been no hearings yet, only the arraignment for the misdemeanor.That being said, how can I find out if I do have a probation oficer? Is there anything I could do to speak with him if I in fact do have one at this point? This is all so complicated, and it seems as if my public defender basically tells me my ONLY options are doing the 30 days regardless and that I have from now until the next court date to turn myself in on the violation. Not much hope or options from her. Any ideas?Thanks again so much for your help by the way.

excon · Dec 30, 2009, 04:19 PM

Originally Posted by hockyjoc33

What you're saying sounds like it makes sense though as far as why I could potentially already have a warrant for violating prior to even having a verdict for the misdemeanor. There have been no hearings yet, only the arraignment for the misdemeanor. Not much hope or options from her. Any ideas?

Hello again, h:

You are entitled to a hearing before you are violated, even if it's for the technical violation of not reporting that you were arrested. If your public defender can't even find out what you're going to jail FOR, she's not worth crap. You're going to have to defend yourself...

First, you need the facts... You apparently, were/are under NON supervised court supervision.. Therefore, you may NOT have anybody to have reported the incident to. I don't know. Even though it's unsupervised, there are still conditions that you should be aware of... Apparently, you aren't. I'll bet you signed paperwork saying that you were.

So, you're going to need to call the court and find out which department supervises the court releasee's, and then you're going to need to call that department and inquire about your case. If somebody over there IS violating you, then somebody over there knows about it...

Additionally, I would go back to the court that sentenced you, and inquire about your probation violation hearing.

Look. They already don't like you. They're not going to like you less if you call and bother them. But, who cares, anyway, what they think? Without your PD, you're the only one who you can rely on.

Get back to me when you have some information.

excon