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Is anybody here familiar with probation violations? Need help..

 
Anonymous Coward
User ID: 28387645
United States
11/24/2012 03:03 PM
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Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
Anonymous Coward (OP)
User ID: 28387645
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11/24/2012 03:06 PM
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Re: Is anybody here familiar with probation violations? Need help..
This is his first offense while on probation by the way, and the child support infraction was also a first offense.
ANHEDONIC

User ID: 26795689
United States
11/24/2012 03:07 PM

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Re: Is anybody here familiar with probation violations? Need help..
Tell your friend he makes poor decisions and needs to straighten up.

"You will not be punished for your anger, you will be punished by your anger"
Anonymous Coward (OP)
User ID: 28387645
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11/24/2012 03:08 PM
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Re: Is anybody here familiar with probation violations? Need help..
Tell your friend he makes poor decisions and needs to straighten up.
 Quoting: ANHEDONIC


Yeah, I'm pretty sure he realizes that now. lol

Any experience with this kind of thing?
Anonymous Coward
User ID: 6069405
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11/24/2012 03:15 PM
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Re: Is anybody here familiar with probation violations? Need help..
Jails are over crowded, they want to do what ever they can to keep the those who are the least criminal threat out. They will make life a living hell through the court system and drag it out by postponing. They want to see if the person will reoffend during the inbetween time.
I don't know that exact situation, but a few people with repeat duis and keep getting off of jail time. The fines are hell and the insurance rates become impossible along with state surcharges. So, proabably no jail time, but fines out the butt and stress from dragging it out by postponing.
tell your friend, I said good luck.
Anonymous Coward (OP)
User ID: 28387645
United States
11/24/2012 03:29 PM
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Re: Is anybody here familiar with probation violations? Need help..
Jails are over crowded, they want to do what ever they can to keep the those who are the least criminal threat out. They will make life a living hell through the court system and drag it out by postponing. They want to see if the person will reoffend during the inbetween time.
I don't know that exact situation, but a few people with repeat duis and keep getting off of jail time. The fines are hell and the insurance rates become impossible along with state surcharges. So, proabably no jail time, but fines out the butt and stress from dragging it out by postponing.
tell your friend, I said good luck.
 Quoting: Anonymous Coward 6069405


Thanks man, big help right there.
mrclean

User ID: 26734545
Switzerland
11/24/2012 03:30 PM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


Yes, he will be violated....any arrest while on probation is an automatic violation.

It's all up to the judge what his sentence will be....tell him to ask his LAWYER about the county work release program. That will be his best bet, especially if he was on probation for child support. The judge will probably give him a flat 90 sentence...

good luck
mrclean
Anonymous Coward (OP)
User ID: 28387645
United States
11/24/2012 04:29 PM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


Yes, he will be violated....any arrest while on probation is an automatic violation.

It's all up to the judge what his sentence will be....tell him to ask his LAWYER about the county work release program. That will be his best bet, especially if he was on probation for child support. The judge will probably give him a flat 90 sentence...

good luck
 Quoting: mrclean


I've actually heard from people that you don't always get a violation charge when the charges are unrelated to the original crime. The PO may not choose to violate him, I think that's what he's worried about.
mrclean

User ID: 26734545
Switzerland
11/24/2012 04:32 PM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


Yes, he will be violated....any arrest while on probation is an automatic violation.

It's all up to the judge what his sentence will be....tell him to ask his LAWYER about the county work release program. That will be his best bet, especially if he was on probation for child support. The judge will probably give him a flat 90 sentence...

good luck
 Quoting: mrclean


I've actually heard from people that you don't always get a violation charge when the charges are unrelated to the original crime. The PO may not choose to violate him, I think that's what he's worried about.
 Quoting: Anonymous Coward 28387645


You heard wrong...there are no comforting words that will make it go away.

He WILL have a GAGNON hearing...guaranteed.
mrclean
Anonymous Coward
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11/24/2012 04:54 PM
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Re: Is anybody here familiar with probation violations? Need help..
seems to depend a great deal on your blood type, hair and skin color. I see many never paying a cent in child support and never so much as get a reprimand, others get a bit behind and go to jail. I see the same thing time and time again with other infractions. You see it here and on the news also.

black on white crime, its never mentioned, a white man defends himself, life in prison. white man drives with broken tail light $1000. fine, mexican drives and can not be asked for id let alone a drivers license.


odd country this for sure.
Anonymous Coward
User ID: 10393879
United States
11/24/2012 04:56 PM
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Re: Is anybody here familiar with probation violations? Need help..
With todays DHS laws he will prolly wind up in Gitmo scream

But look at the bright side, he will get a free prayer rug.
Anonymous Coward
User ID: 1517542
United States
11/24/2012 05:02 PM
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Re: Is anybody here familiar with probation violations? Need help..
This is his first offense while on probation by the way, and the child support infraction was also a first offense.
 Quoting: Anonymous Coward 28387645


a lot depends on the probation officer.

he could be taken to jail.
his probation officer might be lenient considering the first time offenses

needs to call the lawyer first and foremost
Anonymous Coward
User ID: 1326993
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11/24/2012 05:07 PM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


*

The probation was for a felony.

The offenses were:

Driving with a suspended license.
Driving without valid automobile insurance.

Although it depends on the prosecutor and judge, it depends more on the P.O.

HE MUST CONTACT HIS P.O. IMMEDIATELY - call, leave a message, and send an e-mail. NOW.

When the offices open, he will want to call until he gets a hold of the P.O. At that time, he should disclose exactly what happened. Then he can ask flat out if he will be violated. If yes, he can ask what the P.O. will recommend to the judge.

Whatever the P.O. is going to recommend to the judge (if it is going to be considered a violation) is 99.9% of the time exactly what is going to happen to him.

Now, all of this being said, he is on probation for a felony. This is not good at all. Most likely, if he is in a large city with real criminals, he will get no jail time, pay fees, and his probation may be extended (more fees).

If he is in a small county or town and it is a "law and order" type of place, then there is a high probability he will be facing some jail time, but no more than 2 weeks.

NOTE*This post is not, either directly nor indirectly, to ever at any time to be construed as giving or receiving any legal advice. A bar certified lawyer within the state of residency must be contacted for representation as this post does not, either directly nor indirectly, constitute any type of recommendation or representation.
Anonymous Coward (OP)
User ID: 28387645
United States
11/24/2012 05:42 PM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


*

The probation was for a felony.

The offenses were:

Driving with a suspended license.
Driving without valid automobile insurance.

Although it depends on the prosecutor and judge, it depends more on the P.O.

HE MUST CONTACT HIS P.O. IMMEDIATELY - call, leave a message, and send an e-mail. NOW.

When the offices open, he will want to call until he gets a hold of the P.O. At that time, he should disclose exactly what happened. Then he can ask flat out if he will be violated. If yes, he can ask what the P.O. will recommend to the judge.

Whatever the P.O. is going to recommend to the judge (if it is going to be considered a violation) is 99.9% of the time exactly what is going to happen to him.

Now, all of this being said, he is on probation for a felony. This is not good at all. Most likely, if he is in a large city with real criminals, he will get no jail time, pay fees, and his probation may be extended (more fees).

If he is in a small county or town and it is a "law and order" type of place, then there is a high probability he will be facing some jail time, but no more than 2 weeks.

NOTE*This post is not, either directly nor indirectly, to ever at any time to be construed as giving or receiving any legal advice. A bar certified lawyer within the state of residency must be contacted for representation as this post does not, either directly nor indirectly, constitute any type of recommendation or representation.
 Quoting: Anonymous Coward 1326993


Excellent info, thank you.
Anonymous Coward
User ID: 28778791
United States
11/30/2012 10:00 AM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


Yes, he will be violated....any arrest while on probation is an automatic violation.

It's all up to the judge what his sentence will be....tell him to ask his LAWYER about the county work release program. That will be his best bet, especially if he was on probation for child support. The judge will probably give him a flat 90 sentence...

good luck
 Quoting: mrclean


I've actually heard from people that you don't always get a violation charge when the charges are unrelated to the original crime. The PO may not choose to violate him, I think that's what he's worried about.
 Quoting: Anonymous Coward 28387645


You heard wrong...there are no comforting words that will make it go away.

He WILL have a GAGNON hearing...guaranteed.
 Quoting: mrclean


Update for ya, shit talker.

That post you wrote was so full of fail, you should be embarrassed.

He talked to his PO, she laughed at him that he was so scared the weekend leading up to him calling her. Said it was no big deal at all. Not only did she not violate him, his probation requirements remained the exact same and he got in ZERO trouble

He went to court yesterday for the Driving under suspension and no insurance, in addition to no seat-belt and his total fine was $300.00 payable at $25 a month. Jail time wasn't even on the table.

Seriously you should learn what the fuck you're talking about before you spew false, ignorant information.
Anonymous Coward
User ID: 16151153
United States
11/30/2012 10:53 AM
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Re: Is anybody here familiar with probation violations? Need help..
A friend of mine is calling me in a panic because he got caught driving under suspension with no insurance while on felony probation for child support.

He's worried he's going to jail. Anything I can tell him to ease his mind a little?

If you have been under similar circumstances, I would appreciate any help I can get with this.
 Quoting: Anonymous Coward 28387645


Ignore what everyone else in this thread has said as they know not of what they speak.

It really boils down to what the terms of his probation are.

He could be totally in the clear or just as easily in totally deep shit.


I'd tell him to keep his mouth shut and wait for his lawyer to arrive...
andawg221

User ID: 28779257
United States
11/30/2012 11:06 AM
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Re: Is anybody here familiar with probation violations? Need help..
...


Yes, he will be violated....any arrest while on probation is an automatic violation.

It's all up to the judge what his sentence will be....tell him to ask his LAWYER about the county work release program. That will be his best bet, especially if he was on probation for child support. The judge will probably give him a flat 90 sentence...

good luck
 Quoting: mrclean


I've actually heard from people that you don't always get a violation charge when the charges are unrelated to the original crime. The PO may not choose to violate him, I think that's what he's worried about.
 Quoting: Anonymous Coward 28387645


You heard wrong...there are no comforting words that will make it go away.

He WILL have a GAGNON hearing...guaranteed.
 Quoting: mrclean


Update for ya, shit talker.

That post you wrote was so full of fail, you should be embarrassed.

He talked to his PO, she laughed at him that he was so scared the weekend leading up to him calling her. Said it was no big deal at all. Not only did she not violate him, his probation requirements remained the exact same and he got in ZERO trouble

He went to court yesterday for the Driving under suspension and no insurance, in addition to no seat-belt and his total fine was $300.00 payable at $25 a month. Jail time wasn't even on the table.

Seriously you should learn what the fuck you're talking about before you spew false, ignorant information.
 Quoting: Anonymous Coward 28778791


LOL, setup payments for a guy that refused to pay child support to the point of it being a felony!

Glad your friend didn't go to jail. But he does realize now its a man's duty to take care of his kids?

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