How Long Can You Be on Probation for a Misdemeanor
My question involves criminal law for the state of: Virginia
I’m curious as to how long I can be on probation for a non violent class 1 misdemeanor. I was charged with unlawful possession of a firearm by a mentally ill individual. I thought I could own a muzzleloader despite being hospitalized.
I cooperated with the officer and even gave him the rifle when he asked to see it.
Last Thur at my trial I was told my sentence was 90 days suspended, probation and to agree to have the city destroy the weapon.
I’m looking at my probation paperwork I signed and it’s telling me 5 years good behavior/5 year minimum probation.
I think this is a bit odd. I had a friend whom about 10 years ago started getting into trouble. First he broke into an abondoned factory and did about 5k worth of damage, then he got caught with a bunch of weapons (knife taser crossbow etc) in a guitar case, and lastly assaulted someone with a B.B. gun.
For each individual charge he never served more than 1-2 years probation.
How likely am I to have to be on probation for the full 5 years?
Re: How Long Can You Be on Probation for a Misdemeanor
After this past Fri I’ll most likely be found in non-compliance.
This past Tuesday I met with my case worker for a quarterly review of my discharge plan from last Nov and nothing changed.
However on Friday she dropped by and after speaking for a bit and signing release of info between my doc and the local corrections board she suddenly started making stipulations including I must see a dentist, I must see a doctor and I need to attend anger management. In the past this was brought up but I declined each time and they never pushed the matter.
After I pointed out this being something new she cracked a big shit eating grin and said “Well you signed off on your quarterly”. I told her if you wanna roll like that I’ll serve my 90 days.
Pretty obvious she’s attempting to exploit the court ruling by adding things onto my plan without my permission.
I meet with my P.O. on Thur and if I find out this is allowed I’ll tell him to put me in the regional jail. I won’t be blackmailed like this.
Re: How Long Can You Be on Probation for a Misdemeanor
You show 'em. Go to jail for 3 months instead of a dentist and doctor appointment. That will show that mean PO whose boss.
Re: How Long Can You Be on Probation for a Misdemeanor
Quote:
Quoting
Hemispheres
After this past Fri I’ll most likely be found in non-compliance.
This past Tuesday I met with my case worker for a quarterly review of my discharge plan from last Nov and nothing changed.
However on Friday she dropped by and after speaking for a bit and signing release of info between my doc and the local corrections board she suddenly started making stipulations including I must see a dentist, I must see a doctor and I need to attend anger management. In the past this was brought up but I declined each time and they never pushed the matter.
After I pointed out this being something new she cracked a big shit eating grin and said “Well you signed off on your quarterly”. I told her if you wanna roll like that I’ll serve my 90 days.
Pretty obvious she’s attempting to exploit the court ruling by adding things onto my plan without my permission.
I meet with my P.O. on Thur and if I find out this is allowed I’ll tell him to put me in the regional jail. I won’t be blackmailed like this.
She doesn’t need your permission to add things to your plan. All she needs is the legal right to do so. Whether she has that legal right is something that would take research as well as info that is not widely available. I doubt anybody here can provide you with that answer.
The Fact these things were brought up previously suggests they have always been part of your plan, even if not specifically written. It sounds like they are merely demanding you comply with the terms of your plan where previously they were suggesting or urging you to be compliant and letting you take the necessary steps to be so.
Based on your latest post, I think the anger management classes would be a good idea even if they aren’t mandated.
Generally it isn’t your choice whether to be placed in jail, at least this far into the game. Upon initial sentencing you can refuse to agree to comply with the terms of your plan. that means the court doesn’t have much option other than to incarcerate you. Since you’ve already passed that issue, violating you and the disposition of your case is usually beyond your control.
Re: How Long Can You Be on Probation for a Misdemeanor
Doctors and dentists have nothing to do with mental health. If it’s approved by the P.O. I’m not complying.
Re: How Long Can You Be on Probation for a Misdemeanor
Quote:
Quoting
Hemispheres
Doctors and dentists have nothing to do with mental health. If it’s approved by the P.O. I’m not complying.
Actually there is a coincidence of people with mental health issues and poor dental hygiene and personal care issues.
Anyway, just keep up the belligerence. You’ll work your way into jail, or a mental health facility where your 90 day sentence won’t mean a thing
Re: How Long Can You Be on Probation for a Misdemeanor
And it was never part of my plan. Anytime I’ve sat down with this case worker to discuss my quarterly at no point was mandatory physician and dentist brought up. They said given my probable high cholesterol and cavities from not flossing as child would make it in my best interest to see someone.
However with this outfit I was allowed to make my own treatment plan after being discharged and seeing my newly assigned therapist, not once did I bring up a dentist or physician or agree to see one after they asked, my reply has always been I’ll consider it.
I’ve got no problem at this point telling them I’ll comply then missing my appointments intentionally. Judge and P.O. will eventually get fed up and revoke my Probation or slap me with hefty fines which I can also refuse to pay.
Re: How Long Can You Be on Probation for a Misdemeanor
Quote:
Quoting
Hemispheres
And it was never part of my plan. Anytime I’ve sat down with this case worker to discuss my quarterly at no point was mandatory physician and dentist brought up. They said given my probable high cholesterol and cavities from not flossing as child would make it in my best interest to see someone.
However with this outfit I was allowed to make my own treatment plan after being discharged and seeing my newly assigned therapist, not once did I bring up a dentist or physician or agree to see one after they asked, my reply has always been I’ll consider it.
I’ve got no problem at this point telling them I’ll comply then missing my appointments intentionally. Judge and P.O. will eventually get fed up and revoke my Probation or slap me with hefty fines which I can also refuse to pay.
The concern with your dental and medical care is very unusual. I suspect we aren’t getting the whole picture.
Re: How Long Can You Be on Probation for a Misdemeanor
The whole picture is $$$.
All I have at this point is my disability check and I can’t find any type of employment unless it’s under the table due to ongoing expedited reinstatement. This particular issue started with the SSA in March 2016 and they’ve screwed up my case so badly they can’t even say where they are in the process with 100% certainty.
On top of the fines I incurred my engine spun a bearing about 2 weeks ago and my provisional benefit check which was deposited on 8/28 is all but gone and somehow I’m supposed to afford all this other shit.
Welp looks like I’ll go blackmail her now.
Despite the charge and sentence, 2 days after the officer took my muzzleloader I ordered another with the B.B. Gun using my PayPal credit account.
Once the warrant was served I went and bought a couple cheap white wood boards and treated them with 3/4 gallon of boric acid and borax desolved in water. I did the same with some leftover plywood I found.
Each piece was hit with 2 coats of flex seal, assembled and sealed with waterproof silicone caulk and hit it with a few coats of thermoplastic rubberized adhesive.
Wrapped the muzzleloader up in 3 plastic bags That were sealed with gorilla tape and buried it in the backyard.
I’m going inform her of this and record because it leaves her no choice but to report it my P.O.
If she doesn’t I’ll make sure to present the recording to the court if they put me in violation.
Also realized they can force me to see a doctor but a criminal court can’t force to pay even if I’m sued over it. My only income is SSDI and my car is worth less than &
$6k and in shitty shape so there’s nothing a civil court judge can do to ensure the doctor and dentist get paid.
Re: How Long Can You Be on Probation for a Misdemeanor
You need some mental health assistance. If not, you are destined to be featured on Investigation Discovery some day.
Re: How Long Can You Be on Probation for a Misdemeanor
Look, understand this. Your PO has a lot of discretion. If he doesn't like the way you keep your house, he can tell you to clean it up or mow the grass or whatever.
It's in their discretion to determine that you are a healthy interoperating member of society.
Understand that at this point it's not a "I'll take my 90 days rather than the probation." First you don't get to chose. Second, they're not limited to the amount of the suspended sentence. You can be sentenced for a YEAR (and knowing the way some of the urban counties are, you'll spend that in the county ADC. I've got a guy whose doing felony time in the county jail for 14 months). Oh, and by the way. You can come out of jail and still get more probation (with the same PO even).
What you did or didn't do to get convicted at this largely irrelevant. That went out the window the day the judge found you guilty.
Re: How Long Can You Be on Probation for a Misdemeanor
This isn’t an issue of mental health. It’s been obvious to me my diagnosis is incorrect since 2013. Family also told me they didn’t think I was schizophrenic and I wasn’t diagnosed correctly the first time (my aunts words as I was seeking a rediagnosis).
Had one diagnose me as bi polar and another as multiple personalities. My original psych even said upon diagnosing me that I probably wasn’t schizophrenic but he was writing it down anyway.
After a lot of research this past year the diagnosis that fits me the best is antisocial personality disorder/malignant narcissism.
It’s pretty much unmistakable at this point given how I’ve never been able to hold down a job due to boredom or conflicts with management. As a child I had no psychotic symptoms however but I was very violent and didn’t take kindly to anyone telling me what to do which has carried in into adulthood (obviously).
However the mental health field doesn’t care much for ASPD because patients who have it are notoriously difficult to deal with and insurance companies know it’s difficult or impossible to treat.
Either way, the 2nd muzzleloader is an instant felony. Basically my ace in the hole to stay out of the psych hospital. It’s going to be a mandatory 5 year sentence in the state pen.
Re: How Long Can You Be on Probation for a Misdemeanor
Quote:
Quoting
Hemispheres
The whole picture is $$$.
All I have at this point is my disability check and I can’t find any type of employment unless it’s under the table due to ongoing expedited reinstatement. This particular issue started with the SSA in March 2016 and they’ve screwed up my case so badly they can’t even say where they are in the process with 100% certainty.
On top of the fines I incurred my engine spun a bearing about 2 weeks ago and my provisional benefit check which was deposited on 8/28 is all but gone and somehow I’m supposed to afford all this other shit.
Welp looks like I’ll go blackmail her now.
Despite the charge and sentence, 2 days after the officer took my muzzleloader I ordered another with the B.B. Gun using my PayPal credit account.
Once the warrant was served I went and bought a couple cheap white wood boards and treated them with 3/4 gallon of boric acid and borax desolved in water. I did the same with some leftover plywood I found.
Each piece was hit with 2 coats of flex seal, assembled and sealed with waterproof silicone caulk and hit it with a few coats of thermoplastic rubberized adhesive.
Wrapped the muzzleloader up in 3 plastic bags That were sealed with gorilla tape and buried it in the backyard.
I’m going inform her of this and record because it leaves her no choice but to report it my P.O.
If she doesn’t I’ll make sure to present the recording to the court if they put me in violation.
Also realized they can force me to see a doctor but a criminal court can’t force to pay even if I’m sued over it. My only income is SSDI and my car is worth less than &
$6k and in shitty shape so there’s nothing a civil court judge can do to ensure the doctor and dentist get paid.
So your concern is about money but you're willing to pay "hefty fines" to avoid a dentist or a doctor appointment? That makes no sense.
Go ahead and "blackmail" someone and then see how that works for you. You have some issues guy. Serious, serious issues.
Quote:
Quoting
Hemispheres
This isn’t an issue of mental health. It’s been obvious to me my diagnosis is incorrect since 2013. Family also told me they didn’t think I was schizophrenic and I wasn’t diagnosed correctly the first time (my aunts words as I was seeking a rediagnosis).
Had one diagnose me as bi polar and another as multiple personalities. My original psych even said upon diagnosing me that I probably wasn’t schizophrenic but he was writing it down anyway.
After a lot of research this past year the diagnosis that fits me the best is antisocial personality disorder/malignant narcissism.
It’s pretty much unmistakable at this point given how I’ve never been able to hold down a job due to boredom or conflicts with management. As a child I had no psychotic symptoms however but I was very violent and didn’t take kindly to anyone telling me what to do which has carried in into adulthood (obviously).
However the mental health field doesn’t care much for ASPD because patients who have it are notoriously difficult to deal with and insurance companies know it’s difficult or impossible to treat.
Either way, the 2nd muzzleloader is an instant felony. Basically my ace in the hole to stay out of the psych hospital. It’s going to be a mandatory 5 year sentence in the state pen.
Are you or your family members licensed medical professionals who can make such diagnoses or contradict a prior one? I didn't think so. I don't see how a psychiatrist would say "You're not schizo but I'll just diagnose you as one anyway." Highly doubt it.
Even personality disorder and narcissism are bad enough - and that explains sooo much about your posts.
"It’s pretty much unmistakable at this point given how I’ve never been able to hold down a job due to boredom or conflicts with management. As a child I had no psychotic symptoms however but I was very violent and didn’t take kindly to anyone telling me what to do which has carried in into adulthood (obviously)." -- Oh so you're an entitled jerk.
Re: How Long Can You Be on Probation for a Misdemeanor
Here are the VA Laws
Va. Code Ann. § 18.2-308.1:2.
It shall be unlawful for any person who has been adjudicated legally incompetent,
mentally incapacitated, or incapacitated to purchase, possess, or transport any firearm.
Va. Code Ann. § 18.2-308.1:3.
It shall be unlawful for any person involuntarily admitted to a facility or ordered to mandatory outpatient treatment to purchase, possess, or transport a firearm.
At this point it really doesn't matter if the Dx was correct. If you fit into any of the bolded categories you are banned from firearm ownership.