Probation Revocation Hearing 1 Week Away. Need Some Advice

[velocity92c]

My question involves criminal law for the state of: Kentucky


In December of '07 I was placed on what's called pre-trial diversion for Trafficing in a Controller Substance. I was sentenced to 5 years 'probation', and at the end of the 5 years if I was good the charge would go away. It's kind of 'pending' and isn't on my record yet.

Anyway, I messed up and got charged with Robbery with a firend. I have no excuses, I stole a pizza with a friend from a grocery store and fled the scene, so I was charged with Robbery. Obviously the robbery charge is not going to stick and at my preliminary hearing they offered to knock it down to a misdemeanor theft charge. I called my PO about my new charge the day after I got out of jail and let him know.

I guess he notified the court pretty fast because earlier this month he showed up to my house to arrest me. They had a warrant but wouldn't tell me what it was for. The next day at my arraignment I finally found out that I had missed a court date on June 24th. What saved my butt was I happened to be in court on June 24th for my new charge. My lawyer explained this to the judge, the judge agreed that I wasn't trying to skip court (after all, why would I show up for one court date and not the other if I knew about it. They claimed to have mailed a letter but they never did). Anyway, that day the prosecutor reccomended I be held but the judge agreed to let me out until my next case. His exact words were 'This will give you a chance to show the court you can behave until your next date'. That date is this 30th. I have one of the best lawyers in my county, if not the best. I have a great job that I've had for 3 years. I'm a college student and besides for these 2 charges I have had absolutely no record in 22 years. My girlfriend got a chance to talk to the judge personally before my case, she showed up 2 hours early and was the only one in the court room so he stopped to talk to her. She said he was one of the nicest people she had ever talked to. Not to mention he went against the prosecutor (from what I've read, many times the judge will listen to the prosecutor's reccomendation).

My lawyer doesn't think I'm going to jail, he thinks I MAY even be able to stay with my diversion program and keep my record clean. KY doesn't expunge felonies so taking a felony hit would be horrible for me. I'm just curious what these forums think. My original agreement was 5 years probation with 2 years on the shelf. I know it's completely in the judges hands now, but I don't know what to expect. In this situation would a judge normally revoke my probation? If he does am I certain to serve the 2 years set on the shelf? Could he convict me of my original charge and then put me on ACTUAL probation instead of diversion? If I am sentenced to jailtime, is it for sure 2 years or could it be 30 days (as I've read many probation violations end up being) ? If I am sentenced to jail will I be taken into custody right then or would I have a seperate sentencing date?

I believe one reason my PO reccomended a new court date was because he saw the felony charge and assumed I was out commiting robbery, but I didn't have a chance to explain to him that it was a stupid shoplifting charge before he did that. Please help. I need to know whether to prepare my girlfriend to spend a month or more alone while I'm in jail. Is there anything I should be doing now before my case to improve my chances of not going to jail? The judge seems very fair and very nice. I'm very scared of going to jail, and I know I should be. I really messed up. Thanks for any help.

[mmmagique]

*doh!* Why oh why, would you steal when you are on probation?

You would give up your freedom for pizza? (was it tombstone? they are good, but not THAT good!)

You need to change your thoughts about shoplifting being a 'stupid' charge. It is theft. Judges don't like theft. Quit doing it.

(oh, and only 2 possible felony charges in 22 years is not a good record.)

[velocity92c]

*doh!* Why oh why, would you steal when you are on probation?

You would give up your freedom for pizza? (was it tombstone? they are good, but not THAT good!)

You need to change your thoughts about shoplifting being a 'stupid' charge. It is theft. Judges don't like theft. Quit doing it.

(oh, and only 2 possible felony charges in 22 years is not a good record.)

Thanks for that very helpful post. I'm glad you could enlighten me with such good information.