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  1. #1
    Join Date
    Oct 2012
    Posts
    6

    Default Probation Violation Proceedings With Deteriorating Health Condition

    My question involves criminal law for the state of: arizona
    I have hiv. The last months my health has deteriorated. I have severe neuropathy and some type of infection in my foot that makes it swell etc. I also have severe anxiety that i take medication for. My po knows all this. I started a program he told me to attend but stopped going because of my health which he also knows. The director of the program wrote him a letter saying I had been terminated for unexcused absences but that was false as my dr office faxed them every time I missed=the PO said he knew that letter was wrong and not to worry. I had deferred jail that was left to the PO as to when if ever it was served. Nov 28 9pm I get the order of confinement so I appealed it as I still dont know what I did and he has yet to give me anything in writing. When he learned I didnt surrender, because I didnt know what i did and felt I was entitled to a hearing at least before I did..while the appeal still open he tells court I got terminated from program for my attitude, I refused to attend, etc. and of course a bench warrant issued. After seeing the memo he filed with the court and how he sounds like some spoiked little girl in it, I cant help but feel the Petition is just vindictive.
    Btw the letter did refer to any group treatment but that individual counseling was still avail. Of course that never made it into the petition to revoke,

    Im not surprised but I am mad that he pulled this. It has to be just to punish me for exercising my rights to try and protect myself on the deferred jail. I just wanted to know what I did and have a chance to rebut and maybe not have to do the jail. Like I said Im not surprised but I sure am going to mention to the court that 6 weeks before thje PO filed the petition the situation was the same as now and he didnt feel I had violated then so how cum after I exercised my rights suddenly Im a violator. It sure has the appearance that he didnt do what he should have by bring me to court on a review hearing and giving my due process on the jail . Had he I wouldnt be writing this. Maybe he got lazy or sloppy but whichever he didnt. I shouldnt have to pay for him not dotting his i's or crossing his t's.

    Both physically and psychologically-mostly psychologically-it isnt i cant do the jail I just dont have the tools to be able to mentally physically too as I wont get any real treatment. Since no atty will take my case when I mention SSDI Ive had to learn-I got brave enough to file a petition for review with the supreme court. So Im reading the rules and the prob rev rule says after the petition either a summors or a warrant. I get to thinking I have to handle this but Im not really able to go down and do jail. What if to show something to the court-and try to expedite this and kill the time and the initial appear then the dead time till the arraignment then the dead time to the viol hear I file a waiver of appearance/entry of denial/motion to set viol hear. with a motion to recall & quash- explain health and mental issues and how jail deteremental to both and ability to defend and swear will appear on summons telephionically if health prevents me from appearing in person. At least I feel I am making an effort within my ability to face and deal with this.

    Want to know what opinions are as to this approach

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Violation Proceedings With Deteriorating Health Condition

    Just because probation is being motioned for revocation, does mean that the PO is trying to lock you up. If you have been in the system long enough, we may not have many options aside from a revocation in order to bring your case back in front of the judge. It could be that your PO is recommending that the court modify your probation to something less strenuous. Maybe the PO is asking for proof f compliance with your medical treatment to be added. You never know. Bottom line is:

    Just because a violation has been scheduled, does not mean that you are going to jail.

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