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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Default Probation Violation With Missed Court Date Two Years Ago

    I live in washington State and I am 23. This will be a long post and I apologize in advance. In june 2005 I was convicted of a DUI (my first and last) and possession of legend drug. I was sentenced to 365 day with 364 suspended, victims panel, drug and alcohol assessment and two year probation with no PO. I served my 24 hours. I completed my victims panel and had an assessment but had not started treatment because of no insurance. At this point in time I had a court date to show I was doing these things. I went and showed the judge everything. I was under the impression that everything was taken care of. Since the offensive I have been homeless two different times and was employed sparatically for the last 1.5 years. I am now a full time student and I work side jobs to make ends meet. I started treatment at one place but was unable to meet financial obligations and therefore never finished. This was around the same time I had a fall out with my mother whom called CPS (over a year ago) and made false claims about my behavior. I followed CPS's recommendations and the case was closed as soon as possible. The next 8 months or so after this I have been able to secure my family financially and me and my wife attend community college full time. I have a 14 month old daughter and have been married for 14 months. Things are going really well besides my legal problems. After the DUI but before the sentencing I had a reckless driving and I do not know if this is a probation violation. After the sentence I was in an accident and got a ticket for speed too fast for conditions. Around december of 2006 I was sentenced for DWLS and no interlock. I did community service instead of 5 days in jail. I am current with my fines. In march of this year I was sentenced with theft in the third degree. I chose, to my regret, to not exercise my rights and plead guilty. I was given a fine and am currently up to date with fines. I have been very motivated to end all criminal activity and to fulfill any financial and legal obligations. Because of this I went to the superior court that sentenced me for my DUI to get copies of the paperwork for the drug and alcohol assesment I had scheduled for the following week. I was then informed that I never appeared for a court date in August of 2005 and that I was not up to date with my fines (I knew about the fines). I was talking with the person who handles the finances at the clerks office and she informed me that she has no Idea how this slipped and there was no warrant for me not showing up for court in 2005 or for the unpaid fines. She then told me that she was supposed to have me arrested right there on the spot. I explained my situation to her and how I was doing everything to stay on the right track and she told me that she would help me out. I told her that I could pay of my fine around june 22 give or take a few days. She told me that If I go to her with the payment and proof that I did have my re-assessment and am following recommendations that she would not have me arrested or issue a warrant and would set a new court date for me at the time of payment (june 22nd 2007) I honestly do not know where i stand with my probation violation. I currently go to school full time and work every weekend and I will be doing the same this summer. I honestly cannot afford to be sent to jail as I will then be on accademic probation, unable to pay rent and honestly would be very negative for me. I know that none of this matters to the judge or PA but I do not know if there is anything else I should be doing. I had my assessment and go in on the 12th to ge the results. Since i have not used any mind altering substances for more than 14 months I hope the recommendation is not too high but I will follow whatever is need and retain proof of this. I have had all of my professors, on of which is a doctor in pschology write down my grade and participation in letters of recommendations. My professors went in great detail about how they felt I was an outstanging student. I have very high grades and perfect attendance. I also have written a two page list of things that are positive in my life and evironment that were not there before that are benificial to me staying sober and out of trouble. I hope to show this info as well as any other info I can think of to the judge when I eventually get my court date. I know that this post is incredibly long and I thank anyone who has read this far. If there are any Ideas on what type of sentence I might be facing or anything else I should be doing to help my case it would be appreciated. Once I receive my court date I plan to contact the prosecuting attorney and try to talk with him about possible outcomes. I do not know if this is a good idea but I am truly trying to be as upfront and honest about the situation as I can possibly be. Please let me know if there is any other information that may help. I also would like to know what conditions are needed, if any, to recieve community service or electronic home monitoring instead of jail time. I think that this is probably entirely up to the PA or the Judge but wither of these alternatives would allow me to continue my progress in school. Thank You in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,775

    Default Re: Probation Violation With Missed Court Date Two Years Ago

    Give me the three sentence version and I'll take a crack at it. It is extremely hard to read a giant block of text - at least use paragraphs.

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