Parole, Probation Probation Violation and now living in different state (Retired USMC)

judgement2020

New Member
Firstly, I am a medically retired USMC Iraq combat vet. Everything I am saying here applies to me. I am honestly and truly am innocent, there is absolutely no reason to lie on a forum with people I do not know. I just need some advice cause in the corner and about to lose everything I love and hold dear to me.

To start, I relocated to Alaska from California in 2011 with my wife at the time. She is unmedicated bipolar, I have PTSD. I ended up getting a misdemeanor DV assault(for creating fear?) and plead no contest in early 2012 while in Alaska. I had probation for 3 years. Since then we had a kid, moved to Illinois and and she gotten me a battery charge in mid 2014 where I agreed to anger management and pay a fine, I just wanted to go home and be with my kid. Enough was enough and I finally I requested and got my divorce finalized and received full custody of my kid a few months ago, also I wont allow overnight visitation because of how unpredictable she is. I literally have recordings from our time together of where she threatens to hurt herself to get me arrested, smashing he head in the wall, jumping up and landing on her knees. Scary stuff.

In any case, I looked up records a couple weeks ago and realized since late 2014 Ive had a warrant for my arrest in Alaska, about 9 months its been open. I am very worried about this because I am remarried, my wife is pregnant and currently going through the immigration process, I COMPLETELY FEAR my kid getting in my exes hands with how negligent and careless she is and I am about to close on our first home in roughly 5 weeks days.

The worst part about all of this is the fact I just got an battery charge 4 days ago from someone who completely lied to get me in trouble. It is obvious that they do not fear purgery. The person came to my house with a letter about the "debt" owed, I walked outside and said if we go to court you will lose....around 10ft distance away from them while they were sitting in their car. After I walked back in, they called the cops and said I pushed them into the ground creating a bruise. Cops came to my house and told me the allegations, I said it wasnt true and was honestly shocked. I thought they were there because of an argument. I looked like a deer in headlights when they said your under arrest for battery. Even with my wife telling the story the same as I did and they still arrested me for battery with no real reason besides the word of another. I was released on my OR within 2 hours but still has a $2,000 bond attached. I have court in about 4 weeks.

The thing I dont understand is how could they arrest me with only 3 witnesses, 2 being my wife and I that know nothing happened? Also this was in BROAD DAYLIGHT!!! What kind of idiot would do that!! So to me I dont even think the police had probable cause. They didnt even let me give me story. They also did read my Miranda rights until I was being released!!

Anyway, now I am very worried about my life because of this. With the upcoming court date I fear the warrant will be brought up and get extradited to Alaska, if so I will instantly lose my daughter to that nut case, possibly my new house and I have no idea how it will affect my wifes immigration....
 
They can arrest you because cops are not judges and juries. That is why you have yourself a court date. It is not their job to weigh evidence and assess credibility as in a courtroom.

In about a year you have had multiple brushes with the law, gotten divorced, apparently met and married someone else who is now pregnant and not a citizen. Buddy, the best thing you can do for yourself after hiring a lawyer, is to get yourself into some serious long term counseling. You don't say why you have an outstanding warrant in Alaska, so there is no way we could possibly advise you on that. As for your wife, your biggest hurdle is going to be proving your marriage is not just for citizenship purposes, given that you were married to someone else just last year. I strongly suggest an immigration attorney. Your case has so many red flags it is not even funny.

As for your existing child, if the court ordered overnight visits with mom, you can not just decide otherwise. You are free to petition the court for supervised visitation or whatever is needed to keep the child safe, but with a bi-polar mom, and a dad with multiple convictions for violence, it is just a sad case all around. None of that is good for the child. I truly understand the fear of leaving a child with someone mentally unstable, more than I would like.

The VA does have some excellent psychologists who specialize in PTSD. I am related to one. I strongly encourage you to call and get set up with one.
 
Number one, my marriage is not a question or worry to me because it is very legitimate. I couldnt be more happy with my life right now and who I am with besides the issues at hand. Shes the best thing to happen to me and has helped me so much I could write about it for hours. But thats besides the point, I have multiple issues of violence because of my ex and its 2 convictions cause I just wanted to go home and not be away from my kid anymore so I took deals I completely regret now, I never once actually tried getting her in trouble despite what she has done to me, like attempting to kill me, stab me and the list can go on. ALSO, My ex does not have overnights BECAUSE of the court order, not because I just want it.

I guess back to my main concern, the DV assault I was convicted of was for fear, not even physical injury. The case was reopened and states "PTRP - Anger Management" $500 cash bond. But there are over 200 days suspended jail time on this case. I know AK wont extradite for a misdemeanor, but what are the chances IL arrests me when I go to this false battery court hearing and will have to sit waiting for Alaska's response?? Honestly I am assuming this BS battery will be dismissed immediately, even the police thought so.

Also, I have no reason to lie about anything I say here, nobody knows who I am and I dont need to try looking good for no reason. Everything I am saying is true. I also found out the person who just had me arrested has a brother who is a some local cop, I am wondering if there were some strings pulled to make this happen.
 
We aren't the ones you need to convince on the marriage. You asked if you had anything to worry about and you do indeed. It could be a match made in heaven but the government may not see it that way. You don't mention what her current status is or what it was at the time of your marriage. That can make a difference as well.

The time to challenge any false claims is before you take a deal. It is too late now to say ,"yeah, but...". You should have zero arrests, yet have multiple convictions. That is going to work against you significantly as far as credibility. Even if they happened in other states. The police didn't have to let you tell your story. That isn't their job. Thy aren't the ones who decide to prosecute either. The accuser having a sibling in law enforcement is not a defense. I recommend sticking to the facts. Start blaming others and sharing your theories about why something happened and the judge is going to lose interest fast.

And yes, creating fear/intimidating/threatening are actual crimes. You don't have to actually put your hands on someone in order to have committed a crime.

If the custody agreement disallows overnights, then it isn't you deciding that at all.
 
Im not trying to convince anyone here about my marriage, I know its legit, shes been to America on and off for many years including a long stay for an internship after her receiving her BA. This is all irrelevant to what I am even talking about though. Seems your not really listening or trying to put yourself in my shoes on this, more or less judging and being opinionated regardless of what I say.

I know that the time to challenge anything im being accused of is during court, which is what I did but I didnt want to burn my wife at the same time. Also about 90% of the time she would try retracting her accusation and do everything to get me out. She was Bi-Polar and refused to accept that, refused medication. During all the violence I decided to deal with it, not call the cops or get her in trouble because she was my wife, mother of my kid, I didnt want to see my family fall apart and I felt I could somehow make it work. I never gave up. Not until the last straw of her almost killing me. Now that I am out of the relationship and and can see it for what it really was and how this has negatively affected my life forever. I completely regret trying to make it work with her.

Im here to ask for educated opinions or from personal experience, I am not trying to convince you or anyone else of how innocent I am, only advice with my situation to which I actually am innocent. I am only stating facts, for example of how their brother is a cop. I am just saying there is a chance that he pulled some strings to make this arrest happen. When the police arrived I thought it was over an argument, I was smiling from how pathetic it was to waste police time on this. I didnt even get a chance to tell my full side of the story before he said "well, your under arrest for battery", again, my demeanor completely changed from smiling to being completely shocked and speechless cause I had no idea what just happened

Also the no overnights, that was my decision. Judge wanted to know why I requested this type of visitation. The answer was because she abandoned my kid in another country and I had to rescue her. Its ridiculous that I even had to fight for my kid in court with the circumstances in place. Just like this supposed battery, I now have even more on my record for more things I didnt even commit. I cant even believe this person would do this to me because I've known them for a couple years. To give a clearer perspective about the money portion of this, lets just say I rent their 36' boat for 3 months starting May and I would give it back by August, agreement is $4000/mo, I give $10000 upfront for May and security, pay another $4000 in June and tell them just use $4000 out of the $10000 security for July payment and ill take the other $6000 later in Aug. Any repairs and maintenance needed by then would be complete, I am very confident I would have received full security back. This isnt just some company, its someone I knew personally and just asked for that as a favor, they declined so I said I was going this route anyway because financially I needed it for the home I am about to purchase. They came to the house with the letter, then this all happened. Saw them less than 15 seconds and easily a minimum of 10ft distance away from them.

Again, I am more worried about this Alaska warrant than anything else. If I somehow get convicted of this battery, then its just the justice system failing as it sometimes does. I dont know what to say beyond that, but my defense is actually the truth.

Can someone give more insight on this warrant situation, I am confused because bail is only $500 so I highly doubt they want me back in Alaska, in addition to that it states the petition to revoke probation is from Anger Management. The reason this worries me so much is because it seems this can go many different ways, if I get arrested then my kid goes to my negligent bi-polar ex-wife, I dont know how I will finish with the house I am about to purchase and I dont know how it would impact my wife that had literally given everything up to be with me.
 
What I am telling you is the convictions you have previously, stand as such. You can not argue they were really because of situation X now. You have that on your background and will have to live with the implications of them for the rest of your life. So will the outstanding warrant. Yes, this will hurt your credibility. There is just no way around that. If you have witnesses, that helps. Stick only to the facts. What you did. What you actually saw them do. What you and he actually said. That's it. His brother being a cop has no bearing on this in any meaningful way.

If you are complying with the court order per the child, that is all that needs be said. There is no way we can predict what a bi-polar ex will do as far as petitioning for custody. Nor can we predict the outcome of this case.

Did you comply with ALL of the requirements of your probation? You really do need a lawyer familiar with all the facts of your case to advise you on the outstanding warrant. You could have been arrested for the outstanding warrant alone. This is not a one size fits all situation. No one here can predict what will happen but I can promise you that the issue is not going to just go away.
 
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