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  1. #1
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    Apr 2013
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    2

    Default Probation Violation Hearing for Friend in Custody in Orange County

    My question involves criminal law for the state of: California

    Please excuse the long question here, the whole matter is sort of complex. My good friend was arrested for shoplifting last year and was sentenced to 3 years informal probation and 80 hours of community service. About six months later, she was caught in position of "drug paraphernalia" and was arrested and charged with felony position and probation violation. She got off pretty easy...was sentenced to PC1000 and probation was reinstated. She was doing everything she had to in compliance with court but was having problems at home with husband. To make a long story short, after his third time of him calling police on her whenever they would fight, CPS got involved. Basically, her husband made her out to be this drug addicted bad mother, which is so far from the truth, but CPS and Social Services bought his line of BS and made her sign a Safety Contract and told her that to keep her kids she would have to go to detox for 3 days and then to this mental health program for two weeks (not rehab). Her social worker said she'd be able to get housing benefits through this program so her and her kids could move out, away from her husband. So she agreed and went to detox and the treatment center. During this time, she had a court date to review her progress, i guess, which of course she missed, due to being in treatment. She let her case worker know of her pending court date and apparently nothing was done because a warrant was issued for her arrest for failure to appear. The sheriffs picked her up two days after she got home from treatment. Here's my questions...first, isn't the social/case worker supposed to act as the court liason is situations like this. I mean, the past month she has done everything that CPS required and yet she's in jail? I feel as if she got railroaded...or hung out to dry. I mean, she was threatened with her kids being taken away so she did what was required and now she's facing even more jail time for probation violation? Her hearing is tomorrow...what should she expect to happen? Any advice would be appreciated. Once again, sorry for the long back story. She feels that she is fighting a losing battle and has no one in her corner who she can trust or rely on to get her and her kids out of this horrible home life they presently are in. What can she do? Thanks so much.

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Probation Violation Hearing for Friend in Custody in Orange County

    Do you have personal knowledge that she was in fact IN a treatment center when she was supposed to be at court? Or, is this simply the line being delivered to you?

    If she was, in fact, present at a treatment facility I imagine her attorney can get that matter dropped or re-scheduled. I find it odd that the three days she was in treatment just HAPPENED to be when she was scheduled to be in court. the odds of that are rather astronomical. And, ultimately, SHE is responsible to address her court matters, not her social worker. I am also not familiar with any three day treatment programs, but I suppose they exist as a start to some form of continuing treatment for drug addiction.

    No one can say what she can expect tomorrow. We don't know the facts. Do you? Your "good friend" may be feeding you a line of what you want to hear, so keep in mind that the facts may be filtered a bit and may not be precisely what you are being told.

    For the moment she needs to speak with legal counsel. One should be appointed at court if she is facing new charges. if her probation is being revoked, I honestly do not know if she is eligible for appointed counsel at such hearings. In the longer term she needs to address her own sobriety and do what she needs to do before she can try to care for her children. Yes, that might mean the children go into foster care or are temporarily transferred to dad or other family in the interim. But, until she can fix her own problems she is largely incapable of providing effective care to those children. Once she has corrected her own issues she will be in a better position to help them. Until then, all that is likely to happen will be that she shall continue to get into trouble and the children will continue to be at risk. The cycle towards a downward spiral shall continue.

  3. #3
    Join Date
    Apr 2013
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    2

    Default Re: Probation Violation Hearing for Friend in Custody in Orange County

    Thanks for your reply. The three days was for detox and it actually was one week. Her social worker told her three days but when she got there, they said she'd be in for one week. I took her there so I know she was checked in during her court date. I didn't understand why they were making her go immediately as well. They were aware of her court date, yet they said she had to go. The ironic part is she was clean. The detox was a formality to get into the two-week mental heath program. I know it sounds all so brilliant, but honestly she isn't a strung out mother. Her husband is painting this picture of her in order to get custody of the children. It seems she jumping through all the hoops and is getting the short end of the stick. She has a public defender and I know they know of her circumstances and she does have letters from both facilities documenting her stay. What's the probability she will be released tomorrow, if any? Thanks again for the advice, I really appreciate it.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Probation Violation Hearing for Friend in Custody in Orange County

    It all depends on what other issues might be included in her probation violation. If the only reason for the violation is the FTA - and she can show that she was in treatment as recommended to her by Social Services - then I suspect that she might be released soon. But, there may well be some other issues with regards to her probation that have arisen or been alleged. if so, they might complicate things.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Violation Hearing for Friend in Custody in Orange County

    The unfortunate thing is, the court always hears this story when things go south.

    she was caught in position of "drug paraphernalia" and was arrested and charged with felony position
    That would indicate that there is validity to her husband's assertion that she has drug issues.

    She was doing everything she had to in compliance with court but was having problems at home with husband. To make a long story short, after his third time of him calling police on her whenever they would fight, CPS got involved.
    That's what we advocate all men to do. Call the police rather than try to handle an out of control issue yourself. Apparently, the police saw that there was something there when he called for them. It does not seem to be a feeling that he was calling for frivolous reasons.

    Basically, her husband made her out to be this drug addicted bad mother, which is so far from the truth, but CPS and Social Services bought his line of BS and made her sign a Safety Contract and told her that to keep her kids she would have to go to detox for 3 days and then to this mental health program for two weeks (not rehab). Her social worker said she'd be able to get housing benefits through this program so her and her kids could move out, away from her husband. So she agreed and went to detox and the treatment center.
    Again, the paraphenelia charge and conviction lends credibility to this accusation. The fact that CPS and Social Services gave her the ultimatum of going into treatment in order to attempt to straighten out what all parties seem to perceive to be an issue. When was the optio ofr treatment presented to this young lady? If she was given this option waaayyyy before her court date was approaching, she dragged her feet.

    During this time, she had a court date to review her progress, i guess, which of course she missed, due to being in treatment.
    You guess. That makes it a little difficult to rely on your ability to speak to what transpired through out the course of this incident. Not your fault of course, but the reality is that you are going by second hand information that is based off information that you are gathering from someone who falls in the category of not being the most trustworhty source of accurate information.

    She let her case worker know of her pending court date and apparently nothing was done because a warrant was issued for her arrest for failure to appear. The sheriffs picked her up two days after she got home from treatment. Here's my questions...first, isn't the social/case worker supposed to act as the court liason is situations like this. I mean, the past month she has done everything that CPS required and yet she's in jail? I feel as if she got railroaded...or hung out to dry.
    That requirement was not a requirement of probation, nor was it added to the order. As far as the court is concerned, she made a chooice to comply with Social Services and CPS rather than the order that was presented to her in court. Did she report her need for treatment to her PO? Did she sign a release of information so that the treatment agency and the probation department could collaborate on her needs? The counselor has no legal obligation to contact the court as a liaison. That's not the role of the facility. Her input after the fact is not relevant to the court order as well. Primarily, because this was not a mandated issue. It was something that could have been addressed if it was brought to the probation department's attention prior to the court date being missed. Prior to the young lady enrolling in the program and prior to her neglecting to inform the PO of any substance abuse issues.

    Her hearing is tomorrow...what should she expect to happen? Any advice would be appreciated. Once again, sorry for the long back story. She feels that she is fighting a losing battle and has no one in her corner who she can trust or rely on to get her and her kids out of this horrible home life they presently are in. What can she do? Thanks so much.
    She has an uphill battle. She has a good chance of getting revoked if the court looks at like I am. SHe still has an opportunity to get out of this, but she has to be a lot more accountable for her actions and addictions. She has to own up to her need to be more upfront about her issues. Being proactive when you are on probation is what really aids the defendant in situations like this. When you bring all this retro stuff to court, it looks as if you are trying to cover your negligence as opposed to trying to better yourself.

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