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  1. #1

    Unhappy Violation of Probation in NYC

    My question involves criminal law for the state of: NEW YORK

    My boyfriend was arrested in march 2011 for "Selling to an informant" He later on plead guilty and was given 5 years probation. A few times the P.O. came to the house in the last couple of months and my boyfriend didn't open the door for them and just pretended not to be home cause he had weed paraphernalia in the the house that he couldn't get rid of in time. They sent him a letter saying that he missed a office visit ( The day he had to watch our 5 month old while i went to work) and it totally slipped his mind. They gave him another day to go to the office in which he did and they put him in a meeting with other people. The group spoke about getting violated and a whole bunch of other stuff. After that they did not contact him for at least a month. Now they sent papers to him saying that he violated his probation and that he has to appear in court in 2 weeks. I am really scared. They make him out to be a bad guy which is not fair.. He's been looking for a job for the past year since he got laid off .. Not an excuse for the BS but he has been trying to find work and stay out of trouble. This is his first violation of probation and the letter from his P.O. says he has to appear in court. He is scared; He doesn't show it but I know it.. What do you think will happe to him ?

  2. #2
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    Default Re: Violation of Probation in NYC

    Quote Quoting flylilchinky
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    They make him out to be a bad guy which is not fair.. He's been looking for a job for the past year since he got laid off .. Not an excuse for the BS but he has been trying to find work and stay out of trouble.
    Ah, contraire, mademoiselle! Your BF has definitely NOT been trying to "stay out of trouble." By your own post, your BF has decided that the priority in his life is smoking weed, in direct divergence of staying out of trouble. The father of your child has decided that smoking weed is more important than living up to his probation agreement, more important than staying out of prison, more important than being around for you and your child, and more important than avoiding a life-long label of "convicted felon." With priorities like that, one has to seriously question where you and your child rank among his list of priorities!

    Since the charge your BF is on probation for is drug related, I am surprised that regular and surprise drug testing is not already one of his conditions. At the very least, I would imagine that one result of his violation hearing will be the added requirement for such tests...and the first test will likely be scheduled within no more than a few days. Since weed tends to linger in the system, that test will almost assuredly be "hot" even if the idiot quits right now. And guess what a "hot" piss test means! Yep, another violation, with another violation hearing! Your BF is going to be very lucky if he is not spending some more time in a jail cell very soon. But, not to worry. Even if the judge cuts him yet ANOTHER terrific break, your BF's displayed priorities and complete lack of ability to be law abiding will surely overcome even the most forgiving judge and he will achieve his apparent goal of having his room and board provided by the state.

  3. #3

    Default Re: Violation of Probation in NYC

    Quote Quoting PTPD22
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    Ah, contraire, mademoiselle! Your BF has definitely NOT been trying to "stay out of trouble." By your own post, your BF has decided that the priority in his life is smoking weed, in direct divergence of staying out of trouble. The father of your child has decided that smoking weed is more important than living up to his probation agreement, more important than staying out of prison, more important than being around for you and your child, and more important than avoiding a life-long label of "convicted felon." With priorities like that, one has to seriously question where you and your child rank among his list of priorities!

    Since the charge your BF is on probation for is drug related, I am surprised that regular and surprise drug testing is not already one of his conditions. At the very least, I would imagine that one result of his violation hearing will be the added requirement for such tests...and the first test will likely be scheduled within no more than a few days. Since weed tends to linger in the system, that test will almost assuredly be "hot" even if the idiot quits right now. And guess what a "hot" piss test means! Yep, another violation, with another violation hearing! Your BF is going to be very lucky if he is not spending some more time in a jail cell very soon. But, not to worry. Even if the judge cuts him yet ANOTHER terrific break, your BF's displayed priorities and complete lack of ability to be law abiding will surely overcome even the most forgiving judge and he will achieve his apparent goal of having his room and board provided by the state.

    Sweety, Smoking weed does not make you a trouble maker .. Selling drugs, robbing people and hurting people now that's a different story. Do you know the amount of people who smoke weed everyday and live regular lives??? Go to school, take care of their family and work ?? Drinking has spiked crime rate a thousand than smoking pot has ever..

  4. #4
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    Default Re: Violation of Probation in NYC

    Quote Quoting flylilchinky
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    Sweety, Smoking weed does not make you a trouble maker .. Selling drugs, robbing people and hurting people now that's a different story. Do you know the amount of people who smoke weed everyday and live regular lives??? Go to school, take care of their family and work ?? Drinking has spiked crime rate a thousand than smoking pot has ever..
    Honey, not opening the door because you have items that will invite a violation, not reporting to your PO, not abiding by the conditions of your release and whatever else is included on the violation makes you a troublemaker. If you want to not be seen as a trouble maker, then you need to make yourself available to the one person that can express that to the court, the PO. He didn't. He put other things in front of his contract that he signed in court. The contract essentially leases his freedom for 5 years. He made unecessary trouble for himself. So, you are wrong. He has put himself in jeopardy of spending 5 years away from his budding family beacause weed was more important than compliance

  5. #5
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    Default Re: Violation of Probation in NYC

    Quote Quoting flylilchinky
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    Sweety, Smoking weed does not make you a trouble maker .. Selling drugs, robbing people and hurting people now that's a different story.
    You mean like “selling to an informant,” which is WHY he is on probation to begin with, Sweety? Your BF is a convicted drug dealer and is on probation for that “troublemaking” offense. Knowingly and intentionally committing actions that are in violation of his probation is the opposite of “trying to stay out of trouble.”

    Quote Quoting flylilchinky
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    Do you know the amount of people who smoke weed everyday and live regular lives??? Go to school, take care of their family and work ??
    Yes, I do. Many, many people do just that. The difference is that THOSE people are not on probation for being a drug dealer! Now, do YOU know how many people have their probation violated, go to prison, and are forever labeled a convicted felon because they decided that getting high was more important than taking care of their responsibilities?

    Quote Quoting flylilchinky
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    Drinking has spiked crime rate a thousand than smoking pot has ever..
    Debatable, but I will not bother arguing the point as it is irrelevant. The evils of alcohol has nothing to do with your BF’s decision that getting high is more important than staying out of prison. You can play word games, deflect, and try to justify his behavior all you want. The bottom line is still that he is in real trouble due to his deliberate and knowing actions. He has nobody to blame but himself.

    You came here asking for advice. I am giving you the best answers to your questions and advice that I know how. Don’t condescendingly “Sweety” me because the truth is not what you want to hear.

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