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Luckykaye2011 · Aug 19, 2012, 03:39 PM

I have a friend that has not reported in on felony drug charge probation. She has served time in prison and was put on probation for the remainder. She missed her report in date and tried to explain to her probation officer, but it didn’t end well. She lives on an Indian Reservation in Arizona and they can’t get her, but she wants to turn herself in. What would be the extra time she will get? And since she is in hiding somewhat, will that play a factor on her. She was on three years’ probation and only had 8 months left to finish. She has made no contact with her probation officer in almost a year. She does have a warrant too.

excon · Aug 19, 2012, 03:55 PM

Hello L:

She can be made to serve the remainder of her sentence.

excon

Luckykaye2011 · Aug 19, 2012, 03:59 PM

Originally Posted by excon

Hello L:

She can be made to serve the remainder of her sentence.

excon

OK... now is that the 8 months left or the 3 years probation time she was on.

excon · Aug 19, 2012, 04:08 PM

Hello again, L:

She had a sentence... Part of it was suspended upon completion of 3 years probation... It's THAT sentence that she can be made to do less the time she already did.

excon

Luckykaye2011 · Aug 19, 2012, 04:19 PM

Originally Posted by excon

Hello again, L:

She had a sentence... Part of it was suspended upon completion of 3 years probation... It's THAT sentence that she can be made to do less the time she already did.

excon

OK... so whatever time she served will be taken off from the sentence. So if she did 1 yr in jail time and voilated the 3 yr probation. She can still serve out the 3 yrs left from the sentence? Ok, she serve time already, but probation was 3 yrs and she only had 8 months left to finish it. So she will serve the 8 months or the 3 yrs? Kind of lost... sorry.

Alty · Aug 19, 2012, 04:22 PM

If she was sentenced to 3 years probation, and only has 8 months left, then it would be 8 months. That's how I'm understanding it. But Exy is the expert on this one.

Luckykaye2011 · Aug 19, 2012, 04:23 PM

Originally Posted by Alty

If she was sentenced to 3 years probation, and only has 8 months left, then it would be 8 months. That's how I'm understanding it. But Exy is the expert on this one.

Thank you for that information.

Alty · Aug 19, 2012, 04:26 PM

Originally Posted by excon

Hello again, L:

She had a sentence... Part of it was suspended upon completion of 3 years probation... It's THAT sentence that she can be made to do less the time she already did.

excon

Wait, okay, now I'm confused.

Are you saying that the 3 years probation wasn't the sentence? That there's another sentence, plus probation?

Let me see if I got this. Let's say she was sentenced to 10 years, with 3 years probation. If she then violates probation, would she have to serve 10 years? Does the probation time she already did go towards that sentence, or only time already served, in this case the OP said her friend served 1 year in jail already.

Am I understanding this correctly? Exy? We need you! I'm not completely sure about how this works either.

Alty · Aug 19, 2012, 04:28 PM

To the OP, what was your friends sentence exactly. Not the probation, but the sentence?

Alty · Aug 19, 2012, 04:29 PM

Oi, last thought. The OP's friend also has a warrant, and hasn't been in contact with the probation officer in a year since probation was violated. Will that play a factor in this?

Fr_Chuck · Aug 19, 2012, 04:29 PM

How much was the actual sentence ? The remainder of that sentence is what they could serve.

And if this is a felony, they can make request of the tribe to have the tribe turn them over.

Luckykaye2011 · Aug 19, 2012, 04:31 PM

Originally Posted by Alty

To the OP, what was your friends sentence exactly. Not the probation, but the sentence?

Not 2 sure... she served 1 yr in jail for drug charges and had to do 3 yrs probation along with it. She will be going back to prison for sure, we just don't know how long. But she only had 8 months left to finish her probation time.

Luckykaye2011 · Aug 19, 2012, 04:33 PM

Originally Posted by Fr_Chuck

How much was the actual sentence ? the remainder of that sentence is what they could serve.

And if this is a felony, they can make request of the tribe to have the tribe turn them over.

The tribe won't turn over... I know that. But they can work with feds to get her, but it will take along time in court first.

Alty · Aug 19, 2012, 04:40 PM

Originally Posted by Luckykaye2011

The tribe won't turn over...I know that. But they can work with feds to get her, but it will take along time in court first.

The thing is, she's hiding from the law right now. If they have to work to get her, I'm sure that will add to her sentence.

Luckykaye2011 · Aug 19, 2012, 04:45 PM

Originally Posted by Alty

The thing is, she's hiding from the law right now. If they have to work to get her, I'm sure that will add to her sentence.

Yep... I keep telling her that. No show and not contact for a yr I'm sure there will be add time. But she has children and they need to know how long their mother will be gone.

Alty · Aug 19, 2012, 04:49 PM

Originally Posted by Luckykaye2011

Yep...I keep telling her that. No show and not contact for a yr I'm sure there will be add time. But she has children and they need to know how long their mother will be gone.

I'm not an expert in any of this, so I really can't give you a definite answer. Considering the fact that she's been hiding for a year, violated her probation, and didn't turn herself in, I really think it will be up to the judge. I also think it will depends on what she does. If she waits for them to come get her, issue the warrant, it could be a lot worse. If she turns herself in things could go better for her. But there are added charges now. Her original sentence plus hiding from police for a year.

That's how I see it, but again, I'm not an expert in this.

Does your friend have a lawyer?

Luckykaye2011 · Aug 19, 2012, 04:54 PM

Originally Posted by Alty

I'm not an expert in any of this, so I really can't give you a definite answer. Considering the fact that she's been hiding for a year, violated her probation, and didn't turn herself in, I really think it will be up to the judge. I also think it will depends on what she does. If she waits for them to come get her, issue the warrant, it could be a lot worse. If she turns herself in things could go better for her. But there are added charges now. Her original sentence plus hiding from police for a year.

That's how I see it, but again, I'm not an expert in this.

Does your friend have a lawyer?

No lawyer yet... I'm just trying to tell her to go in and get it over with. She can't even get a job or in kind of Gov. help for her kids as of right now. I tell her it would work out better if she went in herself and not them going to get her or getting pick-up else where. I'm doing my best to talk to her... I feel for the kids right now.

Alty · Aug 19, 2012, 05:01 PM

No matter what the kids are going to suffer. She's going to go to jail and serve time, that's a given.

But right now she can't get work, she can't apply for aid. She's really doing more harm to her kids by not turning herself in and getting it over with. If you think about it, had she turned herself in right away, she'd likely be done with her sentence, and be back home with her kids, ready and able to work, able to get aid.

Luckykaye2011 · Aug 19, 2012, 05:05 PM

Originally Posted by Alty

No matter what the kids are going to suffer. She's going to go to jail and serve time, that's a given.

But right now she can't get work, she can't apply for aid. She's really doing more harm to her kids by not turning herself in and getting it over with. If you think about it, had she turned herself in right away, she'd likely be done with her sentence, and be back home with her kids, ready and able to work, able to get aid.

I totally agree with you... all I keep hearing is next month or after this or that.