Alcohol & Drugs: MIP, MIC, Intoxication SCRAM Device and Misrepresentation

[swashington32205]

DUI 2008. Placed on probation. Violated Probation. Decided in Jan 2011 after 2 years sober to make it right. Retained counsel. Went to court. Judge not happy to see me. Wanted to put me in jail however he told my attorney to fine some creative conditions for probation and he would consider them.

Attorney had 14 days before we returned to court. My significant other paid 3K in fines to try to improve my situation and since I am unemployed and awaiting disability. Called attorney repeatedly during the next 14 days. Left messages at work, on cell, sent texts and emails. 15 minutes before court she meets me and my significant other out front and she suggests the following - 6 months probation with Salvation Army, reduce probation fees to $5 since I am indigent, community service at 2 local charities, 2 AA Meetings weekly, local sponsor (current sponsor lives here 6 months of the year and in elsewhere 6 months of the year) and a SCRAM device at no cost to me. Judge agreed however don't remember if details of payment for SCRAM were defined while in court. They were discussed with State Attorney before being proposed to Judge though.

This SCRAM device is an ankle bracelet that takes random readings daily that register if you have consumed alcohol. I had never heard of this device before however was willing to so do as long as there was no cost to me. My attorney knows I am indigent and in fact my significant other signed the contract for payment of Attorney Fees.

Went to see P.O. Sent to get SCRAM. Brought up to P.O. that I did not notice in her paperwork or mine that it did not specify that the device was to be NO CHARGE TO ME. Wasn't too concerned at 1st since she did not have the reduced probation cost either. Called attorney and let her know that there was a miscommunication about payment for SCRAM in probation conditions. Have repeatedly called her, emailed, text, etc... Even sent email to her boss. Nothing!

Today went to have SCRAM read. Person in charge of SCRAM said if I did not come up with some money he would violate me. Went to attorney office and caught her as she was coming in. Explained everything. She says she will call them and get back with me. Attorney just called and said that I need to pay for device. I reminded her that was NOT the agreement we made and that I do not have nor does my partner have any money to pay. Reminded her, "Why would she (attorney) go to all the trouble in court to have probation fees reduced from $60 monthly to $5 if I could pay $400 for device plus $12 a DAY!!!!!".

Now what is my recourse? Is there someway to hold this attorney accountable for her miscommunication with the court. All she had to do initially was call the JA and request to clarify with Judge. What can I do?

 

[army judge]

DUI 2008. Placed on probation. Violated Probation. Decided in Jan 2011 after 2 years sober to make it right. Retained counsel. Went to court. Judge not happy to see me. Wanted to put me in jail however he told my attorney to fine some creative conditions for probation and he would consider them.

Attorney had 14 days before we returned to court. My significant other paid 3K in fines to try to improve my situation and since I am unemployed and awaiting disability. Called attorney repeatedly during the next 14 days. Left messages at work, on cell, sent texts and emails. 15 minutes before court she meets me and my significant other out front and she suggests the following - 6 months probation with Salvation Army, reduce probation fees to $5 since I am indigent, community service at 2 local charities, 2 AA Meetings weekly, local sponsor (current sponsor lives here 6 months of the year and in elsewhere 6 months of the year) and a SCRAM device at no cost to me. Judge agreed however don't remember if details of payment for SCRAM were defined while in court. They were discussed with State Attorney before being proposed to Judge though.

This SCRAM device is an ankle bracelet that takes random readings daily that register if you have consumed alcohol. I had never heard of this device before however was willing to so do as long as there was no cost to me. My attorney knows I am indigent and in fact my significant other signed the contract for payment of Attorney Fees.

Went to see P.O. Sent to get SCRAM. Brought up to P.O. that I did not notice in her paperwork or mine that it did not specify that the device was to be NO CHARGE TO ME. Wasn't too concerned at 1st since she did not have the reduced probation cost either. Called attorney and let her know that there was a miscommunication about payment for SCRAM in probation conditions. Have repeatedly called her, emailed, text, etc... Even sent email to her boss. Nothing!

Today went to have SCRAM read. Person in charge of SCRAM said if I did not come up with some money he would violate me. Went to attorney office and caught her as she was coming in. Explained everything. She says she will call them and get back with me. Attorney just called and said that I need to pay for device. I reminded her that was NOT the agreement we made and that I do not have nor does my partner have any money to pay. Reminded her, "Why would she (attorney) go to all the trouble in court to have probation fees reduced from $60 monthly to $5 if I could pay $400 for device plus $12 a DAY!!!!!".

Now what is my recourse? Is there someway to hold this attorney accountable for her miscommunication with the court. All she had to do initially was call the JA and request to clarify with Judge. What can I do?

You can pay the $400 and the daily fees, if you want to avoid being violated.

Otherwise, you'll find yourself locked up in some crappy, filthy, county jail.

Ultimately it is YOUR responsibility to pay your fines, court costs, probation fees, and costs of SCRAM devices and monitoring.

If you have a court order directing the lowered fees and FREE SCRAM device, produce it.

Otherwise, you'll lose this she said, he said shouting match.

There is nothing you can do to the lawyer, but there is a great deal that will ultimately be done to you.

Probation isn't a right, its a privilege.

 

[mightymoose]

If you don't pay the fees you should expect to be violated- then you will be back in court with an opportunity to explain your situation to the court. You won't necessarily be in any more trouble, just inconvenienced. The court may just have to come up with an alternate plan that works.