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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Exclamation Am I Going to Juvenile Hall (Violation of Probation)

    My question involves restraining orders in the State of: California

    On May 6, 2007, I was sentenced to a one year probation term for a misdemeanor domestic battery on my girlfriend.

    I was ordered to:
    -work 40 hours community service
    -enroll and finish anger management classes
    -enroll and finish counseling with an individual therapist
    -pay fines
    -not associate or communicate with the victim (my girlfriend) until my probation was over or until the parents removed the order.

    ---
    I am sixteen (16) years old.

    I finished community service, finished my classes and counseling, and payed the fines but two days ago, I broke my probation by meeting with my girlfriend during the school's lunch break at a local park. I couldn't take it and I missed her too much. The worst part is that the officer saw her partially naked (we were going to do something inappropriate obviously... )

    A police officer caught us and he arrested me. He drove us back to school and contacted my probation officer. The officer said he was not going to 'cite me' (please explain what that means).

    However, my probation officer gave me a court date of Dec. 1, 2008 for violation of probation (misdemeanor).

    ---

    My questions are:

    -Since I violated the conditions of probation, what be the punishment? Will I have to go to juvenile hall or will I get more probation time, community service, boot camp, and more fines?

    -Her parents don't want anything bad to happen to me because they were trying all along to remove the restraining order between their daughter and I. Will I still get in trouble?

    -I am a junior in high school and I have excellent grades. I am taking three AP classes and an honors class. If I go to a juvenile hall place, I will obviously have to take basic California standards classes (which colleges don't take too seriously). Is there a way that I can somehow negociate with the judge and ask him to send me to a boot camp during the SUMMER or juvenile hall during the SUMMER so I can finish my classes?

    -Will the police charge ME for indecent exposure? I was fully clothed while she was naked. We were not doing anything (just talking) when he caught us. If they do, How bad will that influence the decision of the judge?

    -If my girlfriend testifies that I was not a bad person to her and that we were only seeing each other for support (we had troubles with our parents), will that influence the judges decision?

    -In the aftermath (after my punishment for Violation of Probation), will the judge extend the restraining order? If so, will her parents be able to remove it?

    -Will letters of recommendation help? How can I convince the judge that I don't deserve getting locked up?

    -I am not a criminal. I broke a law - yes. However, I had no criminal intent and I have changed my ways of being a batterer with my girlfriend. Is juvenile hall REALLY a possibility?

    ---

    Thank you for your time. I'm sorry for such a long post but I am really scared and desperate (& financially unstable to hire a lawyer).

    Please provide me with any answers - positive or negative.

    Thanks again,

    domainbound

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Am I Going to Juvenile Hall (Violation of Probation)

    Let me make this clear.

    You violated your probation by violating a restraining order against the girl you battered? By getting her half naked in a public park?

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Am I Going to Juvenile Hall (Violation of Probation)

    Ya know what? I will just go ahead and get started....

    [QUOTE=domainbound;262220]
    My question involves restraining orders in the State of: California

    On May 6, 2007, I was sentenced to a one year probation term for a misdemeanor domestic battery on my girlfriend.
    I am going to assume you meant 2008.

    I was ordered to:
    -work 40 hours community service
    -enroll and finish anger management classes
    -enroll and finish counseling with an individual therapist
    -pay fines
    -not associate or communicate with the victim (my girlfriend) until my probation was over or until the parents removed the order.

    ---
    I am sixteen (16) years old.
    Okay...

    I finished community service, finished my classes and counseling, and payed the fines but two days ago, I broke my probation by meeting with my girlfriend during the school's lunch break at a local park. I couldn't take it and I missed her too much. The worst part is that the officer saw her partially naked (we were going to do something inappropriate obviously... )
    Obviously. And so you decided to violate a court order.

    Orders are just that... orders. Not suggestions. Not guidelines.

    No matter how much you missed her... you violated a court order.

    A police officer caught us and he arrested me. He drove us back to school and contacted my probation officer. The officer said he was not going to 'cite me' (please explain what that means).
    He cut you a break. He figured that you had enough on your plate with the violation of a court order.

    After all... he knows that you violated probation so that you may serve time for the original charge and get a little more on top for the violation.

    He figured that truency and public lewd was overkill.

    -Since I violated the conditions of probation, what be the punishment? Will I have to go to juvenile hall or will I get more probation time, community service, boot camp, and more fines?
    The expertlaw crystal ball is out for service. We cannot predict the future.

    -Her parents don't want anything bad to happen to me because they were trying all along to remove the restraining order between their daughter and I. Will I still get in trouble?
    Yes. You were still under a court order. Wishes or gonna be's mean nothing.

    -I am a junior in high school and I have excellent grades. I am taking three AP classes and an honors class. If I go to a juvenile hall place, I will obviously have to take basic California standards classes (which colleges don't take too seriously). Is there a way that I can somehow negociate with the judge and ask him to send me to a boot camp during the SUMMER or juvenile hall during the SUMMER so I can finish my classes?
    So you are saying that prison would put a real crimp in your plans? That happens.

    -Will the police charge ME for indecent exposure? I was fully clothed while she was naked. We were not doing anything (just talking) when he caught us. If they do, How bad will that influence the decision of the judge?
    See above "crystal ball" comment... but it is possible.

    -If my girlfriend testifies that I was not a bad person to her and that we were only seeing each other for support (we had troubles with our parents), will that influence the judges decision?
    Not at all. You violated a court order. That is not up to interpretation by teenagers.

    -In the aftermath (after my punishment for Violation of Probation), will the judge extend the restraining order? If so, will her parents be able to remove it?
    I would count on that.

    -Will letters of recommendation help? How can I convince the judge that I don't deserve getting locked up?
    You would have had to prove you could listen to the instructions given to you as part of your previous probation.

    You have proven that you really don't think the court's orders apply to you.

    -I am not a criminal. I broke a law - yes. However, I had no criminal intent and I have changed my ways of being a batterer with my girlfriend. Is juvenile hall REALLY a possibility?
    I give it a 75% chance.

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