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On Two Different Probations at the Same Time

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  • 10-11-2011, 07:56 PM
    blaktatt
    On Two Different Probations at the Same Time
    My question involves criminal law for the state of: New Mexico

    Ex-wife plead no contest to three counts of child abandonment --- felony reduced to misdemeanor. She was sentenced to three years "supervised" probation.
    Several months later she is convicted on a felony count of check fraud --- she was sentenced to one year of "unsupervised" probation.
    Is this possible?
  • 10-12-2011, 05:41 AM
    viol8te
    Re: On Two Different Probations at the Same Time
    Of course. She was found guilty on two separate dates for two separate charges. Now she has two probation sentences as a result. It could be worse, she could have had two prison sentences.
  • 10-12-2011, 06:44 AM
    blaktatt
    Re: On Two Different Probations at the Same Time
    I dunno 'bout that... just doesn't make much sense. One probation is supervised and the other is unsupervised. Don't people usually go to jail for probation violation, especially if the latter charge is a felony? My assumption was that the court wasn't aware that she was already on probation... which is quite possible. I live in a small town, with a very corrupt, unorganized justice system. When originally charged with the second offense, her P.O. wasn't even aware of it.
  • 10-12-2011, 10:31 AM
    viol8te
    Re: On Two Different Probations at the Same Time
    Well, I work in a huge county and you'll see the same thing here. I have had plenty of siuations were the client had me and another order for two different cases. My caseload is domestic. If you get a case that meets the criteria for unsupervised probation, they'll sentence you to it. Two different cases, two different orders. If you violate the original probation case, there's a chance you go to jail, but not a guarantee. If the arrest date of the theft charges BEFORE the sentence date of the child abandonment, then there's no violation.
  • 10-12-2011, 12:35 PM
    blaktatt
    Re: On Two Different Probations at the Same Time
    The check fraud was AFTER the child abandonment. She was on probation (supervised) when she committed the check fraud. I've known so many people to go to jail for much less. Just surprised at how many "chances" a person can get these days.
  • 10-12-2011, 04:17 PM
    viol8te
    Re: On Two Different Probations at the Same Time
    It all depends on the circumstances my firend. You gotta bite the bullet sometimes and realize that the one person who got 3 years for an offense may have had one extra factor against their favor than the person who gets probation for a similar offense.

    BTW, you made it clear that the guilty plea cam after the child abandonment, but not the arrest date of the offense. Sometimes the arrest warrant occured well before the initial court date comes. A bunch of different variable come into play.
  • 10-12-2011, 04:54 PM
    blaktatt
    Re: On Two Different Probations at the Same Time
    Looks like I may have been closer to the truth from the get-go. Spoke to her P.O. today. She couldn't divulge any case info to me. But, I let her know about the felony sentencing last week, and sure enough they weren't aware of it. She relayed to me that it's up to the person on probation to alert them of any new offenses, otherwise they would not know (go figure). So, I'm hoping they will follow through from here --- seriously doubt it in this town, though.
  • 10-12-2011, 05:23 PM
    viol8te
    Re: On Two Different Probations at the Same Time
    Really!?! What town is this? You will have an influx of criminals flocking to that place once the find out that the PO's have to rely on probationers self reporting new arrests. That is ridiculous!

    Regardless, to answer your original question, yes it is entirely possible and not at all uncommon for a probationer to serv two probation sentences at once.
  • 10-12-2011, 06:00 PM
    blaktatt
    Re: On Two Different Probations at the Same Time
    Alamogordo, NM --- The Land of (Dis)enchantment.
    That's why my ex loves it here so much; she's gotten away with so much shit here, it's unbelievable.
    I still don't get it: Dec., 2010 --- Three counts of child abandonment results in three years of supervised probation
    6 mos. later --- she violates her probation w/ check fraud (felony) and receives one year unsupervised probation
    Makes absolutely no sense to me. I trying to move out of this town with my daughter. That's the only reason I've stayed here so long. We have joint custody w/ me as the primary. I'm just waiting for her to screw up enough by today's standards, that I can push for sole custody.
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