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Petition to Revoke Probation Parole, Probation

Discussion in 'Probation, Parole, Incarceration' started by centerofthesun, May 7, 2012.

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  1. centerofthesun

    centerofthesun Law Topic Starter New Member

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    I'm 27 years old. In 2010, I made a plea agreement as a first time offender for possession of LSD and received a suspended sentence of one year in jail under the terms that if I completed two years of probation successfully the charge would not be entered as a conviction on my record. This past Halloween I was arrested for a DWI. My probation for the LSD charge was supposed to be over on May 11. When I saw my probation officer after the DWI arrest he sent me to get counseling, which I did do and paid for out of my own pocket, and he recommended to the court that they simply allow me to complete my probation. Seven months later, when I thought I was about to be released from probation, I just got a notice of a petition to revoke my probation and a court date for next month. If anyone could tell me what is likely to happen to me I would really appreciate it. Here are the circumstances I am hoping the judge and prosecutor will take in to consideration:

    I completed all of my community service and counseling successfully. I've never missed a meeting with my PO or anyone else. I've paid all of my fines and court costs. I am not a violent person and I do not have criminal intentions. The reason I was out on Halloween was because of circumstances that were taking a severe toll on my mind and body. The girl I was going to marry broke my heart in June, calling me from the bedroom of the man she had just cheated on me with. It was the most traumatic night of my life and the pain just built and built. One day I cried so hard that my nose literally began pouring blood. I was not drinking or on any drugs though. The pain was unbearable though. I developed sciatica as a result of the stress my body was going through and had to deal with that for months. A cyst the size of a golf ball grew on the back of my neck and was very painful. I still didn't violate my probation. I relied on friends and family to care for me and help me through everything. Then on Halloween morning I found a lump on one of my testicles and assumed the worst. I was in a very bad place and needed to not be alone. It was a holiday though and all of my friends were out at a bar. Obviously I know now that I shouldn't have gone to a bar but I had no intention of violating my probation in any way. The last thing I would want to do would be to cause my problems to become someone else's problems. Will a judge/prosecutor take these things in to consideration when deciding what to do with me?

    I have a lawyer but I haven't been able to reach him today and I'm just really worried about everything. I don't want to be taken away from my family for a year. My father is 72 and I don't know how much longer he will be around. I can't bear the idea of him being gone when I get out if I go to jail. Thank you for your reading and answering, anyone who does.
  2. army judge

    army judge Super Moderator

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    You can't fix this here.
    What you can do is STAY OUT OF TROUBLE.
    You can collect letters of recommendation from your counselors, teachers, religious leaders, family, your current PO, and employers.
    Then you appear in court at the appointed hour on the appointed date.
    Plead NOT GUILTY and make sure your lawyer is present, or ask the court to appoint a lawyer to represent you.
    Be polite, be well groomed (formal business attire -NOT CASUAL BUSINESS ATTIRE- is ALWAYS appropriate at EVERY court proceeding).
    Make no statements, offer no apologies now, say nothing except to your lawyer about this case.
    Then wait, stay out of any new trouble, and make sure you are GAINFULLY employed FULL TIME or in school FULL TIME, and you stay that way throughout the duration of this matter.
    And, RETHINK that nonsense about not wanting to be away from your family.
    The PERSECUTOR will eat you up over that garbage.
    I won't, but think about NEVER saying that again.
    The court and the persecutor love to hear you admit to your mistakes, accept FULL responsibility for your transgressions, and apologizing profusely is a desired behavior.

    If you stay out of trouble, be contrite, show remorse, accept responsibility for your failures, stay clean, stay employed and in school, you'll never see a jail cell.
    You MIGHT get an extended probationary period, but if you do exactly as I said, you'll likely get a stern warning, pay a little fine, and get outta jail free!

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