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Terrified After A Probation Violation

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  • 04-05-2007, 07:29 AM
    Riddick
    Terrified After A Probation Violation
    I'm in Michigan in a small town. I am six months into one year of probation for a 2nd drunk driving offense which was reduced to OWI .08 1st. I am on random PBT and drug screen three times a month. I blew .034 on my last PBT. Probation officer gave me 90 in 90 and a relapse class. However she is making me appear in front of the judge for a violation proceeding as well. What might the Judge do? I have been attending AA regularly, have been to rehab and counseling. I don't know why I screwed up but I did. Would the PO give me tasks if she is expecting me to go to jail? Is she looking to the Judge to put me under her care for a longer term of probation? How angry is the judge going to get and will he take it personally? I'm really scared. Thanks.
  • 04-05-2007, 07:51 AM
    aaron
    Re: Terrified
    I suspect that the probation officer wanted to get you before a court in case you weren't obeying her instructions (i.e., doing the '90 in 90', rehab and counseling she ordered). It is also possible that she wants to extend your probation. I suspect that she is not going to recommend jail if you've met her requirements, as probation officers don't usually impose this type of requirement on somebody then turn around and recommend jail even though they're meeting the goals, but only she can tell you what she intends. The judge is likely to follow her recommendation.
  • 04-05-2007, 08:18 AM
    Riddick
    Re: Terrified After A Probation Violation
    Wow, that was fast. Thanks for your reply. Should I attend the hearing with an attorney? Also, would there be any point in talking to the PO about her intentions? My usual report day is 1st Wed of the month. Hearing is 4/17
  • 04-05-2007, 08:21 AM
    aaron
    Re: Terrified After A Probation Violation
    If you use a lawyer, the lawyer will probably be able to discuss the matter with your probation officer and should also be able to review the probation officer's formal recommendation in advance of the court hearing.

    If you want to be represented, consider consulting some local lawyers to see what they would charge to come into the case.

    Did your probation officer give you any sense of her intentions when you met yesterday?
  • 04-05-2007, 08:32 AM
    Riddick
    Re: Terrified After A Probation Violation
    I really believe she wants to supervise me longer. She's tough but not malicious. The Judge on the other hand -- a dragon.
  • 04-05-2007, 09:57 AM
    seniorjudge
    Re: Terrified After A Probation Violation
    Quote:

    Quoting Riddick
    View Post
    I really believe she wants to supervise me longer. She's tough but not malicious. The Judge on the other hand -- a dragon.

    And you knew this when you started doping again?
  • 04-06-2007, 01:27 PM
    Riddick
    Re: Terrified After A Probation Violation
    cunning, baffling - powerful I didn't say I'm not ashamed or an idiot Sorry I bothered you.
  • 04-06-2007, 04:17 PM
    aaron
    Re: Terrified After A Probation Violation
    He's just kicking sand in your eyes. It's not worth worrying about.
  • 04-11-2007, 07:22 AM
    Riddick
    Re: Terrified After A Probation Violation
    So am I a lunatic for going to the hearing pro se? I willfully disobeyed a court order and honestly have no excuse. What would a lawyer accomplish? I have no defense. Either the Judge will gleefully send me off for the remaining 83 days available to him or not. I can get my attorney to come, but I'm running out of time. I can't decide what to do.
  • 04-11-2007, 07:32 AM
    seniorjudge
    Re: Terrified After A Probation Violation
    Q: So am I a lunatic for going to the hearing pro se?

    A: No. Beg and plead. Tell the judge you have learned your lesson. Ask for mercy. Have your sponsor go with you to the hearing.


    Q: I willfully disobeyed a court order and honestly have no excuse. What would a lawyer accomplish?

    A: In all truthfulness, not a lot.
  • 04-11-2007, 07:33 AM
    seniorjudge
    Re: Terrified After A Probation Violation
    Quote:

    Quoting aaron
    View Post
    He's just kicking sand in your eyes. It's not worth worrying about.

    I didn't mean it that way.

    I was trying to figure out the state of mind of the poster.

    In other words, he knew the judge was mean and nasty, yet he went ahead and violated his probation.

    Apologies all around: I am always curious as to what makes people violate their probation.
  • 04-11-2007, 07:33 AM
    aaron
    Re: Terrified After A Probation Violation
    See if you can get a free consultation with a lawyer, and decide after the consultation.
    Quote:

    Quoting seniorjudge
    View Post
    I didn't mean it that way.

    I was trying to figure out the state of mind of the poster.

    Not a problem. Sorry I misread your intentions.
  • 04-12-2007, 11:46 AM
    Riddick
    Re: Terrified After A Probation Violation
    Thanks to both of you, it's been helpful. Srjudge -- I'll give you some insight -- alcoholics are sneaky. It's not too deep really, I caved and simply thought I'd never get caught. Childish too, I should be in kindergarten. I hear it over and over again in meetings -- the mystified look and "I didn't think I'd get caught." We convince ourselves of the truth of this fallacy. Ridiculous, I know. Anyway, sponsor has moved across the state. I will survive, start again, LEARN something :wallbang:
  • 04-17-2007, 09:42 AM
    Riddick
    Re: Terrified After A Probation Violation
    In case anybody's wondering my hearing was today. I was given the choice of jail in satisfaction of probation or continue probation. I took the continuation but I did get one weekend starting this Friday. Also received quite an impressive display of judicial fire and brimstone.
  • 04-17-2007, 09:55 AM
    seniorjudge
    Re: Terrified After A Probation Violation
    Quote:

    Quoting Riddick
    View Post
    ...Also received quite an impressive display of judicial fire and brimstone....

    As well you should!!! :D
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