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Thread: Violated Probation - What's Next

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    Violated Probation - What's Next 
    #1
    Bluelighter hanky8r's Avatar
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    First off, I did a search for violating probation, and found little information that pertains to my own personal situation. And since laws, i guess specifically how strictly they are interpreted, change during the year depending on jail occupancy, etc., I thought I'd give my own personal experience to see if anyone else has had recent experience or knows anything to add:

    I'm gonna let down the guard, lay out my whole story:

    State: Texas
    Original Offense: Possession of Marijuana (1/2 gram ) 04/10/2004
    Probation Started: 08/01/2004
    Probation Details: 18 months probation, 1 year license suspension, 80 hours community service, DOEA class
    Other Info: No previous criminal record, I'm 21 yrs old.

    Ok, so I fucked up probation. It started in Sept of last year 09/04, when I got depressed and was having trouble as it was, and got it in my mind to just go to jail and serve it out, thinking that was an option. So I started smoking again, and waited to be arrested. That never came, and in early November I decided to go to my probation, which I had missed for 2 months straight. I told my officer I wanted to get back on track, etc., etc., and that I had been smoking. She gave me a drug test anyway, but said to some extent basically "it's not your choice anyways to say hey i want to go to jail now", and long story short gave me every impression I could finish the probation.

    Well, I didn't start off too well with that either this time. Until January, I didn't do any community service. Well in January I finally quit smoking, and got my life back on track. I started doing community service, and visited my probation officer 3 weeks ago, and showed her I was doing the work. I had 76.5/80 hrs done by last fri, when my friend got pulled over with me in the car. He had expired inspection. They ran my info, and found I had a warrant that was active since a week prior. I went to jail for the warrant, and later found out that on the paperwork it said "missed meetings in sept/oct, failed drug test, failed to do community service".

    I know these are my mistakes, and their just coming back to bite me now. I really don't care to get into the discussion of blaming my probation officer for not telling me she was filing the warrant, I'm more concerned of what my options are now.

    I have court in early March. I see my probation officer for a scheduled meeting this Wednesday, that should be interesting. I'll have my community service done by my court date, only 3 hrs left. I'm going to ask my probation officer if I should start doing more, hell I could do another 80 hrs before my court date to show I have genuine concern to stay on track now.

    Here's my questions:

    1.) Will they most likely force me to go to jail? If so, will I be on probation when I get out? (this is TX)
    2.) If not, anyone have experience on what lengthened adjustments they may do to my probation?
    3.) Say I continue on probation, I've failed 2 drug tests since Sept. Can they come re-arrest me for failing those? Or are all drug tests now void to this point of arrest?

    I think it would be important to know, that while in jail, I found they are now offering 5 for 1 time served, their way overcrowded. So that might effect my chances of continuing probation. But on the same note, 5 for 1 considered or not, if I could just go to jail, serve my time, get out and not be on probation, I'd be content with that. Would it work that way?

    Anyone who has violated probation and gone through this I would appreciate the responses. I know I see my probation officer in 2 days, and that she can give me some advice, but you gotta take my word that she isn't giving me the truth on everything and my options. She works for the state, and the county I live in, Montgomery, is notoriuos for having sly workers and a fucked up system.
    Last edited by hanky8r; 08-02-2005 at 06:28.
     

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    #2
    Bluelighter blahblahblah's Avatar
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    My friend is sitting in jail right now for 3 months for a VOP, all because she didn't want to be bothered with going to see her PO. Sometimes they will give you time served and drop the probation other times they wont and will reinstate the probation or even extend it.

    It really depends though every case is different and considering your crime (1/2 gram of weed, fuck the cops backwards on that one) it is feasible to get your probation extended instead of jail time, it will be up to the judge and it is in your best intrests to have a lawyer with.

    Illinois is the state I speak of and she had no lawyers involved.
     

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    #3
    Bluelighter hanky8r's Avatar
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    I would love to get a lawyer, but I do not believe I could afford that option.

    Here is what I would love to happen: Get a lawyer, go to court, and just go to jail, serve my time long enough to get out with probation again.

    Not because I want to smoke or do drugs again, I'm over with that. But because probation itself is holding me down so much. I want to leave this fucking state, FUCK TEXAS, and get on with my life. It's a long story about whats happened and how probation is screwing me over, just I'd like to serve my time, even if I have to add on a month extra just to not be on probation afterwards, I'd do it.
     

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    #4
    Bluelighter
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    18 months probation, 1 year license suspension, 80 hours community service, DOEA class

    Other Info: No previous criminal record, I'm 21 yrs old.

    Are you telling me you got all of that shit for ONE HALF GRAM of weed?
     

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    #5
    Bluelighter
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    Originally posted by groovee
    18 months probation, 1 year license suspension, 80 hours community service, DOEA class

    Other Info: No previous criminal record, I'm 21 yrs old.

    Are you telling me you got all of that shit for ONE HALF GRAM of weed?
    That's in line with Texas. I got a year probation and 40 hours community service for an eighth in Iowa, and that was with a lawyer.

    As far as the poster's situation...sounds like you'll spend some time in jail and get your probation extended, possibly more community service.
     

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    #6
    Bluelighter hanky8r's Avatar
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    Yeah TX is cracking down hard on drugs, especially the county I live in which is Montgomery. I read somewhere that Montgomery county gives out more DUI's, etc., than any other county in the U.S.

    Their pretty much just as bad about prosecuting drug offenses.

    WNB, So you think I'll have to go to jail and then have the probation I already have get extended? The cousin of my close friend was in the same situation, probation for drugs, he violated, went to jail for 2 or 3 weeks, and got out with no probation. I'm unsure about this being a standard, cause I've heard other people say u get out and still have probation.

    I guess I wont know until I go to court, every situation is different. I'm just trying to see what's happened to others in this situation just to see what my chances are generally.
     

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    #7
    Originally posted by groovee
    18 months probation, 1 year license suspension, 80 hours community service, DOEA class

    Other Info: No previous criminal record, I'm 21 yrs old.

    Are you telling me you got all of that shit for ONE HALF GRAM of weed?
    That's fucking crazy. Bush's war on drugs has really digressed from stupidity to insanity.

    If I was handed out that sort of sentence for 1/2 a gram of weed i'd be spewing.
     

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    #8
    Bluelighter
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    Yeah, good luck with that. And I thought they were tight asses up here in MA....
     

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    #9
    Bluelighter Synto's Avatar
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    Damn. That is harsh. I already have one posession w/ itent to dist. amphetamine from back in the day and finished a 1 1/2 year probation sentence for that. I just got a misdemeanor marijuana a few days ago and my lawyer says that other than fines, I'm going to get probation for 3 days at the most, and that's only to give me an initial drug test to make sure it's clean. I guess things are run a little different here.
     

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    #10
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    Probation for 3 days? What a joke!
     

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    #11
    Bluelighter
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    Originally posted by hanky8r
    Yeah TX is cracking down hard on drugs, especially the county I live in which is Montgomery. I read somewhere that Montgomery county gives out more DUI's, etc., than any other county in the U.S.

    Their pretty much just as bad about prosecuting drug offenses.

    WNB, So you think I'll have to go to jail and then have the probation I already have get extended? The cousin of my close friend was in the same situation, probation for drugs, he violated, went to jail for 2 or 3 weeks, and got out with no probation. I'm unsure about this being a standard, cause I've heard other people say u get out and still have probation.

    I guess I wont know until I go to court, every situation is different. I'm just trying to see what's happened to others in this situation just to see what my chances are generally.
    It depends on if they throw you off probation or not. If you get jail and extended probation, the sentence will be shorter than if you just get jail.
     

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