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  1. #1
    Join Date
    Jul 2015
    Posts
    2

    Default Incarceration of a Person With Fear of Confinement

    My question involves criminal law for the state of: Missouri.
    I was convicted of a misdemeanor DUI (alcohol ) and BAC about 6 years ago in Missouri. I got a sentance for the DUI of a suspended sentence with no jail time (first time being in trouble ) and served five days for the BAC. Both required probation. Both in different counties. I was in my early 40's, besides a speeding ticket, I had no criminal history.
    A few months after my last conviction, I informed my probation officers that I was going to Texas to live with friends. I had no job and no where to live in MO. That fell apart on the bus to TX and I ended up in a homeless shelter when I got there.
    I kept contact for a few months then missed calling in. When I did make contact with one of them she informed me that she was reporting me.
    Present day I am confused as to why I was able to just move without having to have my probation transferred to the new state?
    I freaked out and never contacted anyone again. HUGE mistake.
    During the time of my convictions I began seeking help for mental illness ie mental health hospital stays. I had never been much of a drinker and when i did start drinking the year of my DUI (it was in response to feeling like I was going crazy, but having no experience with mental illness, i just kept on going, not understanding how serious the situation was) out of control obviously. I was hospitalized at least four different times before I was diagnosed with Bipolar. I was put on medication just before I left Missouri for bipolar but it took a couple of months before the medication to fully work. By that time I checked into the shelter, about a month after being diagnosed, I was still a mess. I stayed at the shelter a year and graduated from their in house program.
    Went on to a assisted living program for people with dual diagnosis (mental illness and substance abuse ). I stayed in that program for a year and a half, during that time gained steady employment. Moved out on my own and never looked back. Still making a terrible mistake.
    I relapsed about three weeks ago when my job was eliminated from that employer after fours years. When I say relapse, I am referring to mental illness, not drinking. I have been sober ever since my last arrest, going from arrest to mental hospital to rehab.
    After once again being hospitalized and a med change I am now facing my past. A past that I have been scared to death to deal with. I, like everyone else who is here, am terrified l will be locked up for months or even years. I understand now i have to deal with it and will likely loose everything i have built in the last five years over a bipolar induced terror of confinment (an unnatural fear). I am having a panic attack just writing this.
    I have a $25k bond for the DUI and a $500 bond for the BAC.
    They are going to put me in jail for the max time for the DUI based on the bond amout, right? I am not sure what will happen with the BAC.
    I haven't had any criminal history since this happen, does that mean anything?
    Also I will have to get a job to save up for a lawyer since, if I am understanding correctly, I am not eligible for a public defender as this probation violation and not a new crime.
    Will my mental illness have any bearing on any of this? I have had regular treatment but have changed medication several times due to symptoms appearing. My employer was aware of my illness and worked with me when I was sick, that's how I was able to maintain employment for so long with this illness.
    I am scared to death but running from your problems just makes your problems grow. I have been reckless to "start over" and not answer to the courts for commiting the crime of violation of probation.
    I had my family take my children prior to the arrests because I became suicidal and was at least coherent enough to protect them. It took five years before I felt safe enough with my mental state to move them back in. Now I will have to loose them all over again because I couldn't deal with this from the start. I say couldn't because even today, with all the progress I have made, I have a fear that I will die if I am locked up. Mental illness, sigh.
    I am sorry for the long post, just trying to give you as much info as I can.
    What am I up against???
    Thank you for taking the time to read this.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Incarceration of a Person With Fear of Confinement

    What is your legal question?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Incarceration of a Person With Fear of Confinement

    You should inquire with the court to see if you are eligible for a court-appointed lawyer and, if so, request one.

    We are not in a position to do more than speculate about your possible sentence. That's a discussion you need to have with a lawyer, based upon the full facts and the position of the prosecutor and probation officer.

  4. #4
    Join Date
    Jul 2015
    Posts
    2

    Default Re: Incarceration of a Person With Fear of Confinement

    Does my mental illness have any bearing on the courts decision?

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

    Default Re: Incarceration of a Person With Fear of Confinement

    You left the jurisdiction without permission. You absconded. You are eligible for the time remaining on your sentence. Your mental illness will not necessarily benefit your situation. You need to retain counsel.

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