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  1. #1
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    Sep 2011
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    Default Warrant for Violating Parole by Not Appearing

    My question involves criminal law for the state of: Alaska

    I have a friend in Alaska that went to jail for possession of some schedule 3 pills without prescription. All the medications were for opiate detox (colonodine, diezepam,and suboxone) They were not prescribed because of the long waiting lists in Alaska to get in any program, public or private.

    So they go to jail, get bailed out, and eventually take a deal that of course involves some of the sentence being suspended. They then remand back to jail, and as soon as they go in, they are back on the sauce. As soon as they come out though they try and get into a treatment program, as none were available that involved a medicated detox inconjunciton with group therapy inside. So they save up money, get into a program, but are not able to actually start for several weeks (due to the programs availability)

    Unfortunately this is not sufficient for the PO, and the PO asks to see my friend, but my friend is worried they will be arrested (dirty UA) and so only communicates via phone/email. So the PO issues a PTRP, and a warrant.

    The questions:

    1) Is it just me or is the whole system %##@%??
    2) Is there anyway to have a different PO review the case before they go and just remand?
    3) Will a lawyer in the situation help at all?
    4) Will they still be able to travel out of state to seek treatment if need (i.e. do the airlines / TSA check for warrants for domestic flights) - yes Alaska to the continental US is domestic.

    Any advice would be appreciated.

    Thanks...

  2. #2
    Join Date
    May 2011
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    Illinois
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    Default Re: Warrant for Violating Parole by Not Appearing

    1. Nope, the system is not screwed. 2. This ain't Burger King, you can;t have it your way. Why would/should a new PO step on this one's toes because the guy won't report as directed because he knows he's dirty? 3. A lawyer surely wouldn't hurt. 4. Legally, he would be denied any request to travel while in violation and you never know what law enforcement agency will conduct a LEADS check.

  3. #3
    Join Date
    Mar 2007
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    9,096

    Default Re: Warrant for Violating Parole by Not Appearing

    May we assume that the person also missed the part of probation that insisted that the person STOP using illegal drugs?

    I don't know of ANY parole that includes the term "person may continue to self medicate with illegal drugs until an opening in a treatment facility is available." You will find that most PO's are not willing to excuse ILLEGAL BEHAVIOR because the parolee thinks they have a really good excuse for using just a little bit longer.

    If your friend could not stay clean on the outside, he/she should have stayed on the inside where such programs are available.

  4. #4
    Join Date
    Sep 2011
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    Default Re: Warrant for Violating Parole by Not Appearing

    I'm thinking this website should be renamed to snarkyanswersforlegalquestions.com. I don't know, I haven't checked internic, maybe that was taken. I am not going to sit and debate about whether my friend made the right choices here, when they obviously didn't. Look, there are basically two schools of thought when it comes to people and how they view the law, and incarceration; one involves actual rehabilitation, and the other doesn't. There are also different opinions as to whether addiction is a disease or not, and if it should be treated with medication. Anyone that is obtuse enough to just ask "Why don't they just stop.." isn't aware of the very real chemical changes to the body, and brain from long term addition of any kind. More progressive people that can read and don't spend their time building their ego's behind their monitors and layers of fat get it.

    Ask yourself, which column(s) do you fit in.

  5. #5
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    Default Re: Warrant for Violating Parole by Not Appearing

    Quote Quoting pir8
    View Post
    1) Is it just me or is the whole system %##@%??
    Judging from your behavior, it's a little bit from column A and a little bit from column B.
    Quote Quoting pir8
    2) Is there anyway to have a different PO review the case before they go and just remand?
    You have not identified a basis to have the matter reviewed by a different probation officer. "I think I'll be in trouble because I used illegal drugs" is not a basis for a change of probation officer.
    Quote Quoting pir8
    3) Will a lawyer in the situation help at all?
    That's hard to predict. It can't hurt.
    Quote Quoting pir8
    4) Will they still be able to travel out of state to seek treatment if need (i.e. do the airlines / TSA check for warrants for domestic flights) - yes Alaska to the continental US is domestic.
    If the travel is authorized by probation, it's authorized by probation. What would the issue be?
    Quote Quoting pir8
    View Post
    Look, there are basically two schools of thought when it comes to people and how they view the law, and incarceration; one involves actual rehabilitation, and the other doesn't.
    If only it were that simple. Devising a system of criminal justice involves a balancing of numerous competing values, including rehabilitation, incapacitation of a criminal, deterrence, retribution and punishment. There are no binary choices, and there's no dichotomy of opinion.
    Quote Quoting pir8
    There are also different opinions as to whether addiction is a disease or not, and if it should be treated with medication.
    Sort of.... The argument is whether it's a behavioral disorder (complicated at times by physical addition) or whether it's a disease with a significant behavioral element. I don't think that there's a substance abuse professional on the planet who would call substance abuse a disease with no behavioral element, and recovery depends largely upon successful modification of behaviors.
    Quote Quoting pir8
    Anyone that is obtuse enough to just ask "Why don't they just stop.." isn't aware of the very real chemical changes to the body, and brain from long term addition of any kind.
    Your friend's excuse, then, is that he didn't spend enough time in jail for his brain to recover sufficiently from his drug abuse to shift his behaviors from compulsive to volitional? How much time did he spend in jail? How long was he planning to spend in inpatient rehab?

    The most important period of time for recovery appears to be that implicitly recognized by AA - not everything can be fixed in 90 days, but for somebody in the obsessive phase of drug abuse the first 90 days actually are crucial. Actions such as AA's "90 in 90", calling a sponsor or other AA member when you have a craving, "Fake it 'till you make it", etc., all recognize the importance of some outside controls to augment the addict's weakened self-regulation.
    Quote Quoting pir8
    More progressive people that can read and don't spend their time building their ego's behind their monitors and layers of fat get it.
    And yet here you are, tubby.

  6. #6
    Join Date
    Sep 2011
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    3

    Default Re: Warrant for Violating Parole by Not Appearing

    I love how you took the time to quote me. Especially where you just made up your own quote '"I think I'll be in trouble because I used illegal drugs"'. Or the assumption that the 'my friend' is really me... This site is useless, and so are you.

    Flame on, flamers.

  7. #7
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    Sep 2005
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    California
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    Default Re: Warrant for Violating Parole by Not Appearing

    Quote Quoting pir8
    View Post
    I love how you took the time to quote me. Especially where you just made up your own quote '"I think I'll be in trouble because I used illegal drugs"'. Or the assumption that the 'my friend' is really me... This site is useless, and so are you.

    Flame on, flamers.
    Yet, you received answers to your legal queries. The fact that others have pointed out the folly of your friend's behavior is merely a bonus.

  8. #8
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    Behind a Desk
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    Default Re: Warrant for Violating Parole by Not Appearing

    He's off to the site, "TellMeWhatIWantToHearBecauseIllHaveATantrumIfYouT ellMeTheTruth.com"

  9. #9
    Join Date
    Mar 2007
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    Default Re: Warrant for Violating Parole by Not Appearing

    Quote Quoting Mr. Knowitall
    View Post
    He's off to the site, "TellMeWhatIWantToHearBecauseIllHaveATantrumIfYouT ellMeTheTruth.com"
    Or, perhaps, "Ishouldbeallowedtocontinueillegalbehavioraslongas IwantbecauseIhaveaverygoodexcuse.com"

    Illegal behavior doesn't stop being illegal behavior if a person decides to get help....but get help later when said help is more convenient.

    If the courts start allowing illegal drug use as long as there is a promise of future rehab, no one would EVER be convicted... because every user ALWAYS promises rehab SOMEDAY.

    Quote Quoting pir8
    View Post
    I love how you took the time to quote me. Especially where you just made up your own quote '"I think I'll be in trouble because I used illegal drugs"'. Or the assumption that the 'my friend' is really me... This site is useless, and so are you.

    Flame on, flamers.
    Okay, bright eyes... let's do it your way.

    When your friend was paroled, did he or did he not sign a paper outlining what activities could violate that parole. Was the use of illegal drugs as evidenced by testing not one of those requirements?

    Yes, he did. Yes, it was.

    Your friend promised - not me, not anyone on this board - that he would stay clean when he had absolutely no intention of doing so.... well, at least not for a while until he could get into exactly the program he wanted to get into which, unfortunately, wasn't available for several months.

    So, your friend KNEW he would be violating his parole in a number of ways... using, buying, possessing... but didn't ask for help FROM his parole officer. Instead, he is hiding under the bed because he knew he would drop dirty.

    I don't see why you think we are draconian. Your friend knew what was expected and did something else anyway. Good intentions from a habitual drug user aren't worth very much.

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