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    Re: Violation of Probation

    Posted by Miranda on 4/22/10

    On 4/20/10, Mr. Knight wrote:
    > On 12/16/03, Richard wrote:
    >> Hello Kelly
    >>
    >> In my experience and from what I have learned.
    >>
    >> In many/all cases a person on probation is not permitted to
    >> leave the state without receiving permission from the
    >> probation officer and/or the court (i.e. the judge).
    >>
    >> I have noticed that, depending on the crime, the probation
    >> office takes excessivly long to have you found in violation.
    >> I think it should be only a month or two, but I have seen
    > them
    >> take as long as two or more years to finally do something.
    >>
    >> There may have been actual jail time that was suspended and
    >> the probation was imposed, probably due to the crime being a
    >> minor one. If your sisters case was for over $300 it could
    >> easily have been a Felony and that is punishable by up to
    >> fifteen years (I am fairly sure). Felony theft does have
    > some
    >> serious jail time as a punishment (as much as fifteen years)
    >> Misnomer theft may only have a punishment of eighteen months.
    >>
    >> FYI: So as to not sound evasive I will be a little open with
    >> you. I spent two weeks in a detention center (jail) for
    > doing
    >> something unwise (but not illegal) and had the opportunity
    > get
    >> an education so I will share what I learned with you (and any
    >> other reader)
    >>
    >> First, judges get really upset when you violate their
    >> probation. They often feel they are doing you, the criminal,
    >> a favor by not sending you to jail (it doesn't matter if you
    >> are rightly or falsely convicted)
    >>
    >> Second, when you are found in violation of probation, you
    > will
    >> often face three charges when you appear before the judge
    >> again. First is the violation of probation. Second, is the
    >> original sentence (that means going to jail and serving the
    >> actual sentence). Third, are the new charges for whatever
    >> crime you have committed (if any).
    >>
    >> Third, I also learned, that at the end of the day, the Judge,
    >> Prosecutor, and your attorney will all go home. It is up to
    >> you to make sure you go home, particularly if you are not
    >> guilty of the crime you face. Remember, all lawyers are
    >> officers of the court. Their first loyalty is to the court,
    >> the community second and to you last. Never forget that.
    >> Also, and this is important, the public defenders office is
    >> paid by the State attorney's office. The public defender is
    >> just that. A public defender. Not your defender. They are
    >> there to protect the public from you. If you don't believe
    >> me, talk to convicted criminals. Another thing, don't think
    >> that the lawyers and judge never sit and discuss what will
    > and
    >> will not be brought forth in court to help ensure a
    >> particlular verdict.
    >>
    >> I would suggest calling the probation office and trying to
    >> make 'amends' and showing genuine regret and remorse for
    > being
    >> neglegent.
    > _______________________________________________________________
    > my boyfriend was given 5 years probation for breaking and
    entering. He has paid all of his fines and has not been into
    trouble since then, but he has not gone to probation except for
    two of the meetings. What would the repercautions to that be,
    what would happen to him. He has moved out of the state, and by
    doing that he has violated probation. what will happen to him?

    >

    Posts on this thread, including this one
  • Violation of Probation, 11/19/03, by Kelly.
  • Re: Violation of Probation, 12/16/03, by Richard.
  • Re: Violation of Probation, 6/12/05, by Joe.
  • Re: Violation of Probation, 7/31/07, by Lin Young.
  • Re: Violation of Probation, 8/17/09, by cindy.
  • Re: Violation of Probation, 8/17/09, by Probation.
  • Re: Violation of Probation, 4/20/10, by Mr. Knight.
  • Re: Violation of Probation, 4/22/10, by Miranda.


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