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New charge in different state, on probation

Discussion in 'Probation, Parole, Incarceration' started by ineedhelp101, May 3, 2018.

  1. ineedhelp101

    ineedhelp101 Law Topic Starter New Member

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    I am on an intermediate punishment probation. I recently caught a new charge in a different state for obstruction of justice. I was held in a jail down in that state. I never told the jail I was on probation, because I feared they wouldn’t let me post a bond. I got bonded out of jail, & I report to probation in a month. I am getting a lawyer, & he told me I could get the charge dismissed or a fine. Will probation find out about this? If I don’t say anything to him... I also am aware you are supposed to report any arrests or anything with the law in 48 hours. I didn’t do that. It’s only been four days. I am scared to tell probation knowing they will automatically lock me up. What should I do? This happened in a different state, I have probation in a different state. I am also getting a lawyer. I threw alcohol out the window in the passenger seat while my boyfriend was with the police doing a sobriety test. I was basically getting rid of the evidence. Can I just get a fine for that? When I go to court in the state I got in trouble for, will they know I’m on probation? What should I do? I am scared & so upset. I don’t want to go to jail again... Please help me with answers.
     
    Last edited: May 3, 2018
  2. army judge

    army judge Super Moderator

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    You are headed for trouble.
    No one knows what your PO will do.
    Your best bet is to consult your lawyer.
    The truth always becomes known.
     
  3. leslie82

    leslie82 Well-Known Member

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    Well the fact you haven't told your PO - once he or she finds out then you'll probably get a violation.

    No one can predict your future for you. You will find out once you talk to your PO but it doesn't seem like it can end well for you when it's been four days and you said nothing. Also what were the parameters of your probation? Were you allowed to even leave the state?

    My ex husband got his probation in one state transferred to the new state when we moved in 2015. I stupidly stayed with him after he beat me up the final time. He got probation for it. 2 years. They transferred it to the new state.

    Well then we got divorced and a few months after that the police came to rehab and questioned him about a robbery in his home town. Well six months after that he got arrested for that robbery and I stupidly bailed him out. Then a month after that he got arrested for unauthorized use of a vehicle when he took my car and threatened to smash it if I didn't give hm money for drugs.

    After that arrest, the original state came up and got him after filing to revoke his probation. He was there 2 weeks - they let him come back to the state we lived in and said they would wait to see the outcome of the robbery case before revoking.

    Long story short - he ended up last year with a plea deal that lowered it to theft and they just let him off probation when his two years was up last year. I wish they had revoked it. But he did get violated for not showing up for UA's and did 30 days for that in 2016. Did 30 days for the unauthorized use but the prosecutor said if he pled guilty he'd get time served so he did.

    Not everyone gets out of things as easily as my ex though - he's in jail again right now for trespassing and possession. If you don't want to be like him, call your PO and do the right thing and stop breaking the law.
     
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  4. mightymoose

    mightymoose Moderator

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    You are required to report any law enforcement contact, regardless of where it was or the reason for it.
    It is very possible the PO won't take any action until after the new matter is addressed by the court, of at all. It really depends on why you are on probation and your current standing.

    If you don't report it and the PO finds out by some other means it will likely result in a worse scenario for you.
     
    leslie82 likes this.
  5. ineedhelp101

    ineedhelp101 Law Topic Starter New Member

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    What if I get the case dismissed? I am seeing a lawyer. He told me my probation officer MIGHT not find out... What if I do tell him & he arrests me anyways?


    Thanks for replying. I needed some answers. I am talking to a lawyer Wednesday about it. I don’t know if it’s a good idea to tell probation. They will probably lock me up. The chances are very high that I will be arrested. What if i get the case dismissed or charge expunged? Will the probation still find out? I don’t know what to do...
     
  6. mightymoose

    mightymoose Moderator

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    It does not matter if the case is dismissed. If it is found out that you failed to report the contact to your PO you can get a probation violation for not following the probation terms.

    Your PO *MIGHT* wait to see what happens with the case before taking any action, but doesn't have to. If your offense that resulted in probation was a minor one and not at all similar to the current one, then maybe nothing will happen. Nobody knows. I simply suggest your best outcome is if you report it and show your PO you are responsible and compliant with your probation terms... even though you are reporting late.
     
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  7. army judge

    army judge Super Moderator

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    That can't hurt

    Your probation agreement REQUIRES you tell your PO about every police contact.
    Normally you have 48 hours (in some cases in some states 24 hours) to report the contact to the police.

    That means even if you were stopped for speeding, you must report the contact, although the police simply verbally warned you to slow down. All police contacts means ALL police contacts.

    The police knew you were on probation when you were cited.

    They might NOT have known it, if you deceived them about your identity.

    Trust me, the police and prosecutor in the unknown to us state where you fell afoul of the law proably have already reported the incident to your PO.

    Most POs will simply wait a probationer out to see if he/she comes clean.

    Time is not on your side at this point.

    You will NOT be able to conceal the arrest and all the sordid details.





    Trouble is brewing for you.

    Your PO already knows.

    Your PO will likely have you detained when you return to the UNKNOWN state for the next hearing.

    Your PO could be at your door right this moment about to knock and ask to see you.

    You need a lawyer in the state where you reside ASAP.
     
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  8. leslie82

    leslie82 Well-Known Member

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    What kind of shady lawyer would tell you that? You do what you want - but it's better for you if you tell probation. Your PO probably already knows and if not, will find out yes.
     
  9. ineedhelp101

    ineedhelp101 Law Topic Starter New Member

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    I still haven’t told my probation officer yet & has not come to the door. Is my probation officer just waiting until my next appointment? I just don’t want to go to jail... It’s been about eight days & nothing has happened. I am talking to a lawyer today & see what he can do. It’s down in the state where I caught the charge. I’m just so stupid, & I feel so lost. I’m so young & feel hopeless...
     
  10. ineedhelp101

    ineedhelp101 Law Topic Starter New Member

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    Why haven’t they came to the door yet? You would think they would be banging on the door or a warrant, unless they are waiting for my appointment to see if I go on the run for another violation or something...
     
  11. leslie82

    leslie82 Well-Known Member

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    You are lost. You need to just tell your PO. Yeah you were stupid too. Sorry.
     
  12. leslie82

    leslie82 Well-Known Member

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    The police don't go looking for people unless it's something really serious. A probation violation - not so much. If you had a warrant for murder and they knew where you lived, perhaps.

    My ex husband has had a warrant in one state since 2013...for simple assault. They're not going to come looking for him or cross state lines to find him. If he goes back up there, maybe they'll get him.

    The only time he's had a warrant and the cops came looking for him is when the original state of his probation filed to revoke it. Then he got a warrant. He had just been let out of jail and then two weeks later they came looking for him with the warrant from out of state. The mix up was the county was supposed to keep him when his time was up for the misdemeanor he got on probation.

    If you haven't had yours filed to be revoked, they won't come looking for you. Just call your PO. Good grief take some responsibility.
     
  13. ineedhelp101

    ineedhelp101 Law Topic Starter New Member

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    Do you know how much time I could be looking at? I have two lawyers, one in the state I got charged, because he said it could be dismissed, & a probation violation lawyer down here to represent me in court when I tell my probation officer. Is there a chance he might not even take me to jail? Remember this is an intermediate punishment probation. How does that work?
     
  14. mightymoose

    mightymoose Moderator

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    These are questions for your two lawyers
     
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  15. leslie82

    leslie82 Well-Known Member

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    You're paying two lawyers? Go ask them. They know better than any of us do.
     

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