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  1. #1
    Join Date
    Oct 2007
    Posts
    5

    Default Can I Request Jail Time Instead of Probation

    Hello, i was convicted under a plea agreement in dec 2002 of driving under suspension, reckless endangerment and another charge that i dont remember but had something to do with driving unsafe. I was placed on supervised probation for 2 years. 5 months went by from the initial probation intake meeting. In those 5 months i moved and did not recieve notice of reporting to probation until i had recieved a probation violation hearing notice. I went to the violation hearing and told the judge why i didnt report. I had fines that i didnt pay and was incarcerated for @ 1 month to pay them off, the judge gave me 1 month of house arrest to be done when i got out.

    When i got out of jail i reported to my PO and did my month of house arrest. I then again moved and reported to probation regularly. Because i didnt (and still dont) have a drivers license it made it extremly hard for me to get transportation to the probation office once a week on the other side of the county. My probation officer knew that i didnt have a license and didnt try to help me out in any way. I failed 2 drug tests in the 13 months i was on probation but then got clean . I missed probation meetings 2 weeks in a row and my PO told me he would violate me if i didnt report the next week. I lost my job in the meantime and had a pinched nerve in my back and i missed the next weeks meeting. I never went back and this was 3 years ago. I owe 1400ish dollars in court costs and have a warrant for my arrest. I want to join the army but am unable to do so until my probation is taken care of. Im looking at turning myself in and going to pay 500 of the 1400ish dollars i owe.

    I have not been in trouble in the past 3 years and i would prefer to just do jailtime and not do probation since I have quit my job made preparations to go to jail and still do not have a drivers license. I feel as though if i am given jailtime and then resentenced to probation i will just violate again and not out of free will. i server @ 13 months out of 24 months probation time. My former probation officer is no longer a PO and am wondering what i should ask of the judge or how i should present myself. I have a 6 year old daughter and i want to join the military to make a better life for myself but i cant until this is over with. I know i will be incarcerated when i turn myself in and i wont have access to legal advice. After i am incarcerated i will become homeless as well please help me out all i want is to move forward in life but more probation time will just hold me back longer and most definatly result in another violation

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Request Jail Time Instead of Probation

    You can ask for the sentence you would like. The sentencing decision is up to the judge.

  3. #3
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Can I Request Jail Time Instead of Probation

    Given the fact that i failed 2 drug tests, failed to report and absconded and have not finished paying off my court costs/probation costs what is likely to happen?

    I will be going to see the judge in a day or two and am curious to what will happen.

    Also do you know what the maximum sentence is i can recieve if i have my probation revoked for those 3 charges? From my understanding i can only be given the sentence for the charges i plead to and not the ones that were dropped as part of the plea agreement correct? From what ive read driving under suspension carrys a minimum sentence of 90 days in jail as does reckless endangerment, any help would be greatly appreciated as my public defender said he was unable to give me legal advice if i have warrants.

    Not sure if it helps but i live in pennsylvania

  4. #4
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Can I Request Jail Time Instead of Probation

    Jail is a horrible place to be. But then again, any place they lacks freedom is horrible.

  5. #5
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Can I Request Jail Time Instead of Probation

    Ive been to jail before its not as bad as serving a few years of intensive probation in which your whole life is dependant on a total strangers opinion of you. Also im trying to get in the military and waiting another 2+ years is not an option for me to be able to do that. I would take 12-24 months of jailtime over redoing 24 months of probation that willl end up in a violation anyway anytime

  6. #6
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Can I Request Jail Time Instead of Probation

    Quote Quoting Jteague
    View Post
    Ive been to jail before its not as bad as serving a few years of intensive probation in which your whole life is dependant on a total strangers opinion of you. Also im trying to get in the military and waiting another 2+ years is not an option for me to be able to do that. I would take 12-24 months of jailtime over redoing 24 months of probation that willl end up in a violation anyway anytime
    12-24 months of jail time?? Oh my. I could never give up my freedom for that long. But then again, probation inst exacaly freedom either.

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