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  1. #1

    Default Consequences of a Third Probation Violation With Special Circumstances

    I originally had a driving charge, had never been in any trouble so they gave me 11/29 probation. Was going thru some financial problems couldn't make a payment which resulted in 2 violations for non payment each time they revoked and extended my probation which restarted it from beginning each time after being arrested, bonded & going to court. Finally got straightened out financially w better jobs and got probation on track And everything was going fine and then found out I was pregnant - continued seeing my p.o. throughout pregnancy .

    At my eighth month I started having issues with my health and was ordered to be on bed rest , I took Dr paperwork to my officer and she said she understood. She set up an appt for me to meet her a month later after due date. As soon as I gave birth, baby had some problems and had to be taken to a hospital a few cities away. My first call was to the probation officer to let her know the situation and that I could even have the hospital call or fax her to verify where we were. My daughter had some g.I. problems and had several tests and procedures done . we were there 19 days of which I stayed in contact with my probation officer. I had no way to go back yo see her while in that city because as I told u I had a driving charge to start with so I can't drive. When we finally we released I got home, first thing I did was call my probation officer and she communicated that the judge violated me.

    My heart has sank because I am a new mom in LOVE with my baby girl. My life is for her 24/7 and I'm TERRIFIED that since this is the 3rd violation they will make me do my whole 11/29 in jail for this. **my question is this: I'm planning to go turn myself in and bond out quickly to come back home to my baby. Two days later I go back for arraignment where they will just hand me a piece of paper with my court date on it & the judge will say go see your probation officer and get in compliance before u return to court. I'm trying to figure out any way possible to not have to flatten out this sentence and be away from my newborn baby for a year, as a new mom my heart is absolutely breaking.

    If I take out a loan and pay off my 2500 in court costs and all my supervision fees before I go back to court everything would be paid off will he dismiss my probation or will I still go to jail?

  2. #2
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    Default Re: Consequences of a Third Probation Violation With Special Circumstances

    Judges can be understanding of medical emergencies, particularly if the probation department is informed of the problem prior to the violation and the person on probation does their best to fully comply with the order -- but the looming issue is your prior history of violations. It would be sensible for you to discuss your situation with a criminal defense lawyer who is familiar with the court and judge.

    But in general terms, if the only reason that you remain on probation is that you have a balance that you owe to the court, it is possible that paying that balance in full will inspire the court to discharge you from probation as opposed to resentencing you.

  3. #3

    Default Re: Consequences of a Third Probation Violation With Special Circumstances

    Quote Quoting Reylissasmommy
    View Post
    I originally had a driving charge, had never been in any trouble so they gave me 11/29 probation. Was going thru some financial problems couldn't make a payment which resulted in 2 violations for non payment each time they revoked and extended my probation which restarted it from beginning each time after being arrested, bonded & going to court. Finally got straightened out financially w better jobs and got probation on track And everything was going fine and then found out I was pregnant - continued seeing my p.o. throughout pregnancy .

    At my eighth month I started having issues with my health and was ordered to be on bed rest , I took Dr paperwork to my officer and she said she understood. She set up an appt for me to meet her a month later after due date. As soon as I gave birth, baby had some problems and had to be taken to a hospital a few cities away. My first call was to the probation officer to let her know the situation and that I could even have the hospital call or fax her to verify where we were. My daughter had some g.I. problems and had several tests and procedures done . we were there 19 days of which I stayed in contact with my probation officer. I had no way to go back yo see her while in that city because as I told u I had a driving charge to start with so I can't drive. When we finally we released I got home, first thing I did was call my probation officer and she communicated that the judge violated me.

    My heart has sank because I am a new mom in LOVE with my baby girl. My life is for her 24/7 and I'm TERRIFIED that since this is the 3rd violation they will make me do my whole 11/29 in jail for this. **my question is this: I'm planning to go turn myself in and bond out quickly to come back home to my baby. Two days later I go back for arraignment where they will just hand me a piece of paper with my court date on it & the judge will say go see your probation officer and get in compliance before u return to court. I'm trying to figure out any way possible to not have to flatten out this sentence and be away from my newborn baby for a year, as a new mom my heart is absolutely breaking.

    If I take out a loan and pay off my 2500 in court costs and all my supervision fees before I go back to court everything would be paid off will he dismiss my probation or will I still go to jail?
    Your history of violating probation MIGHT be a concern for the judge after all you mentioned this is your 3rd violation.Although you do have legitminate concerns and you did instruct/communicate with your probation officer the fact that this is your third violation might be your only problem.And like I said putting offender's life on the edge between jail and probation makes their lifes more diffucult.This country has a broken criminal justice system and needs reform..

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