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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default First Time Probation Violation

    My question involves criminal law for the state of: Wyoming

    Hi, this involves a friend of mine. Never been arrested for anything in her life before. She was arrested about 14 months ago felony check fraud. Sentenced to 5 years probation with possibility of getting thrown out after a year if all requirements were met. Never served jail time for that crime. Well, about 2 ago she was caught visiting a friend in Ohio. The next day she boarded a flight back to turn herself in. When she arrived at her P.O's office he arrested her without warrant and she then served 21 days in jail before being released on bond. She is due back in court in about 2 weeks for the probation violation charge. She currently has a public defender which is not helping much (which is why I am seeking assistance on whether she should look into hiring an attorney). She saw her probation officer today and he said she most likely has 2 options.

    Option 1: Be put on Intensive Supervisory Probation. Which I am not sure what that is but it doesn't sound good.
    Option 2: Go into a halfway house.

    While she served her 21 days in jail she spent that time asking her fellow inmates about their cases and such. Finding out that several of the girls are repeat offenders of their probation and not even having close to the punishment that she could possibly have.

    Now here is my opinion: While she did violate her probation, she has done everything she was required as part of her probation requirements. How can they bump up her punishment that much? My feelings is that she should try and ask for continuation of her original probation and possibly serve out the 5 years. The biggest part for her is that she is trying to move to Ohio and is afraid that if she is put on ISP or goes into a halfway house that moving will be out of the question. And yes i know that she still needs court permission to move.

    Ultimately I am just looking for some assistance on this case. If you could please help that would be great. Thank you very much.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,243

    Default Re: First Time Probation Violation. Please Help. Thanks

    Your information is third hand at best. You really don't understand the dynamics of her situation. She never should try to compare her situation to other inmates. Different variables are often the determining factor as to the PO's decision and recommenations. A PO's recommendation is just a recommendation. It could be that every inmate that she spoke with had a PO that made the same recommendation and the judge chose not to accept their recommendations.

    Also, she committed a very significant and severe violation of her probation. ISP is very plausible based on the fact that regular supervision didn't prevent her from abconding. A halfway house can also keep her at bay because she has to abude by house regulations. She did everything that you should not do while on probation. There not asking to revoke and resentence to jail. They are asking for stricter supervision. She's blessed for that.

  3. #3
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: First Time Probation Violation. Please Help. Thanks

    Quote Quoting shaner23
    View Post
    My question involves criminal law for the state of: Wyoming

    Hi, this involves a friend of mine. Never been arrested for anything in her life before. She was arrested about 14 months ago felony check fraud. Sentenced to 5 years probation with possibility of getting thrown out after a year if all requirements were met. Never served jail time for that crime. Well, about 2 ago she was caught visiting a friend in Ohio. The next day she boarded a flight back to turn herself in. When she arrived at her P.O's office he arrested her without warrant and she then served 21 days in jail before being released on bond. She is due back in court in about 2 weeks for the probation violation charge. She currently has a public defender which is not helping much (which is why I am seeking assistance on whether she should look into hiring an attorney). She saw her probation officer today and he said she most likely has 2 options.

    Option 1: Be put on Intensive Supervisory Probation. Which I am not sure what that is but it doesn't sound good.
    Option 2: Go into a halfway house.

    While she served her 21 days in jail she spent that time asking her fellow inmates about their cases and such. Finding out that several of the girls are repeat offenders of their probation and not even having close to the punishment that she could possibly have.

    Now here is my opinion: While she did violate her probation, she has done everything she was required as part of her probation requirements. How can they bump up her punishment that much? My feelings is that she should try and ask for continuation of her original probation and possibly serve out the 5 years. The biggest part for her is that she is trying to move to Ohio and is afraid that if she is put on ISP or goes into a halfway house that moving will be out of the question. And yes i know that she still needs court permission to move.

    Ultimately I am just looking for some assistance on this case. If you could please help that would be great. Thank you very much.
    She has not done "everything" she was required as part of her probation. Had she done "everything" she wouldn't have been violated.

    The best way to help your friend is to pay for a private attorney for her if she is not happy with her public defender.

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