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New Member
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Apr 7, 2010, 01:11 AM
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Does probation officer have choice in violation?
Im in Tennessee and trying to see if my po has choice in violating me for two citations I received for a straw with coke residue in it... she seems really nice and caring but I don't know if she has a choice in violating me or if she hast to even if she doesn't want to... n should I say I have drug problem and try to go to classes... im on probation for possession of weed w intent.
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Uber Member
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Apr 7, 2010, 04:27 AM
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It is her obligation to cite the violation. I'm not sure why you guess that she might not cite you... but you can certainly ask her if she plans to.
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Uber Member
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Apr 7, 2010, 04:39 AM
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 Originally Posted by daniel615
Im in tennessee n trying to see if my po has choice in violating me for two citations i recieved
Hello d:
I think she has a choice. If you had ONE citation, she might choose to let slide. But, with TWO, I think she'll choose to violate you.
excon
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Uber Member
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Apr 7, 2010, 05:11 AM
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Daniel, let me be more frank. You're on probation for weed possession with intent to sell. You know you need to "keep your nose clean" but despite that you let her find evidence that you're doing cocaine.
My guess is that even if you were able to hide your drug paraphernalia, they could drug test you at any time and you'd be in violation with that issue too.
If she found a speck of pot residue, that would be one thing, but now you've been busted for something more significant.
If I were you, I'd go to her very humbly and ask her if she can give you a break. If she DOES give you a break this once (I am doubting it), you will NOT get a second pass on it, THAT you can probably be assured.
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Uber Member
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Apr 7, 2010, 09:00 AM
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Most PO's are not that nice to just ignore your violations. If you haven't informed her of these new interesting developments in your present probation she will violate you for not reporting them to her. As for getting a break - don't count on it. If this was for anything else other than drugs or drug related, then yes. But since it has shown your proclivity to still be doing drugs then no, she'll be more than happy to throw the book at you as you are just being a recidivist and still haven't learned to stay away from drugs. You should expect to attend a VOP hearing soon on this and your Judge will decide what to do with you. You could be facing doing your entire original sentence on this. Go back and re-read your Final Disposition or Sentencing paperwork that the Judge signed. This should give you a good indication of what the Judge thought of you and your crime the first time you were in front of him.
Did the Judge order any type of drug counseling or classes for you on this weed charge? If not just volunteering to take the classes as you put it is not going to work. You just can't write your own script here to follow as you so wish. You were charged with a crime, you did get probation, you did mess up. You need to realize that just asking your PO or begging her or whatever is fine and all, but just don't expect her to fall for your cute little act. Trust me, they've seen it all and could probably peg you the second you try to tap dance this.
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Uber Member
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Apr 7, 2010, 11:35 AM
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The key words in the original post are "citations" and "violation".
Based on the original post it seems that the PO saw (and therefore "cited") the straw with the cocaine residue in it.
Daniel, do yourself a favor: Speak to the PO and stay clean.
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Expert
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Apr 7, 2010, 06:31 PM
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If this was some violation other than drugs, perhaps distrubing the piece or something else but another drug issue, I doubt any of the nice ones would, since they would be not doing their job properly since this is showing a serious drug problem. And showing you have not learned your lesson from the past arrest
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