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Invisibleidiotek
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for those of you who know something about probation/sentencing procedures..
    #5213690 - 01/23/06 10:46 AM (18 years, 1 month ago)

just wondering if anyone knows whether or not it's possible for someone who is going to be sentenced to probation to have their probation transferred to a new/different area due to moving?

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InvisibleZippoZM
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Re: for those of you who know something about probation/sentencing procedures.. [Re: idiotek]
    #5213698 - 01/23/06 10:48 AM (18 years, 1 month ago)

generally you can go infront of the court and request permission to leave, as long as you have dropped clean, and are leaving for legitimate reason they generally let you go.


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OfflineYoschie99
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Re: for those of you who know something about probation/sentencing procedures.. [Re: idiotek]
    #5213706 - 01/23/06 10:51 AM (18 years, 1 month ago)

i did it.. it will require a lot of paperwork, but it's not really too bad.

[edit]be sure to check with the area you are moving to first.. do not move without talking to both sides, actually.. the new location and the old.. certain states require you to register as a convicted felon upon entering the state... and there are all sorts of weird laws, so it's just safe to check first.

yos-

Edited by Yoschie99 (01/23/06 10:53 AM)

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Invisibleidiotek
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Re: for those of you who know something about probation/sentencing procedures.. [Re: Yoschie99]
    #5213731 - 01/23/06 11:01 AM (18 years, 1 month ago)

well, it's my GF who needs to know this cos she recently was busted for driving while high/possession. was her 2nd offense, so i guess it's going to be the lowest class felony in her state (removable from your record after a year or something)..

who should we talk to from the new/old places? probation officer? judge?

thanks for the info btw..

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OfflineYoschie99
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Re: for those of you who know something about probation/sentencing procedures.. [Re: idiotek]
    #5214300 - 01/23/06 03:09 PM (18 years, 1 month ago)

start by talking to her PO here.. the probation office here can give you the number of the people you'll need to talk to in the new location...

or, i'm sure she can locate the information online.

yos-

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InvisibleJim
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Re: for those of you who know something about probation/sentencing procedures.. [Re: idiotek]
    #5214316 - 01/23/06 03:15 PM (18 years, 1 month ago)

Ive done it before.

Out of state you can do it, but they make sure you are moving for work/school.

Ask if you can just do 30 days in the hole, and be done with it all together. 30 days in jail is better than 1 year on probation.


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Offlinecappincrunk
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Re: for those of you who know something about probation/sentencing procedures.. [Re: Jim]
    #5214355 - 01/23/06 03:27 PM (18 years, 1 month ago)

yeah... you can do it but with much paperwork required


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Offlinewildwestkcmo
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Re: for those of you who know something about probation/sentencing procedures.. [Re: cappincrunk]
    #5215658 - 01/23/06 09:13 PM (18 years, 1 month ago)

It matters if she plans on going to a new house, new county/city, and/or new state. PO's can not stop a person from relocating as long as they can show it is in their better interest. It may be easy, may be a pain in the ass but she needs to find out w/ her p.o. cuz it is a case by case basis. And damn, where does she live??? Does she have a decent lawyer? I beat my DUI(marijuana myself) maybe she should look into a new lawyer you can not be convicted of DUI on drugs unless she admits it. Testing is invalid because it can not pinpoint the time of use.


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Missouri: Come on vacation, leave on probation, cop a violation, face revocation, then enjoy the incarceration in the Missery Department of Connections

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InvisiblePrisoner#1
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Re: for those of you who know something about probation/sentencing procedures.. [Re: wildwestkcmo]
    #5215762 - 01/23/06 09:43 PM (18 years, 1 month ago)

Quote:

wildwestkcmo said:
PO's can not stop a person from relocating as long as they can show it is in their better interest. I beat my DUI(marijuana myself) maybe she should look into a new lawyer you can not be convicted of DUI on drugs unless she admits it. Testing is invalid because it can not pinpoint the time of use.





a probation officer can prevent you from moving simply by refusing to transfer
your probation, regarding drug testing, they have charges now called 'posession
by consumption', meaning you have an illicit drug in your system that, ie,
you've used and are guilty, if on probation it's a violation and probation can
be revoked, they need not pinpoint the time of use they only need to determine
that it was in fact used, a test shows that.

Quote:

zippoz said:
generally you can go infront of the court and request permission to leave, as long as you have dropped clean, and are leaving for legitimate reason they generally let you go.




actualy they just transfer your probation if you meet what the county/city/state
mandates, sometimes thats having the fines paid in full or it could be a dozen
other hoops, generaly they do that with cases they dont like, in most instances
they simply contact the probation/parole office in the area you're moving and
set you an appearance date, you'll still remain on probation just in your new
location

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Offlinewildwestkcmo
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Re: for those of you who know something about probation/sentencing procedures.. [Re: Prisoner#1]
    #5215832 - 01/23/06 10:01 PM (18 years, 1 month ago)

I have never saw a person charged with internal possession and I'm talking about driving under the influence. It is beatable. Any lawyer will beat internal poss. they don't even press it in the joint. And P.O.'s can't stop you w/o a reason.I've been on paper or locked up for 9 years now and know the drill with po's I promise. too many people just let them have their way and since they work for the state they think they can.


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Missouri: Come on vacation, leave on probation, cop a violation, face revocation, then enjoy the incarceration in the Missery Department of Connections

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InvisiblePrisoner#1
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Re: for those of you who know something about probation/sentencing procedures.. [Re: wildwestkcmo]
    #5216792 - 01/24/06 05:52 AM (18 years, 1 month ago)

Quote:

wildwestkcmo said:
I have never saw a person charged with internal possession and I'm talking about driving under the influence.





DUI, DWI, Underaged drinking are 3 charges where people are only in posession by means of consumption, there's about 15 ways to charge a person with a single offense

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Invisibleidiotek
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Re: for those of you who know something about probation/sentencing procedures.. [Re: Prisoner#1]
    #5217100 - 01/24/06 09:54 AM (18 years, 1 month ago)

the situation is really whack actually. she was driving home and she had a small amount of weed with her.. bad choice of course.

anyway, she apparently "weaved a little" and was pulled over (reeaaaally small town cops, they're douchebags) and arrested. this is because she was on probation already but her PO was cool and liked her so he still let her off probation as well as let her out of jail after like 4 days. the cops have the state do a blood analysis.

fast forward about a year and a month. prosecutors have been changed a couple of times due to varied business of the original one.. pleas have been offered and negotiated. the court date keeps getting pushed further and further ahead, which blows. we just found out that the state has somehow lost track of her blood analysis - they only know that it was positive for marijuana, but no details beyond that.

i'm thinking her lawyer should be able to do wonders with that, but since it's her 2nd offense of this nature it doesn't look like the judge will let her get by so easy.

we're just trying to get past this so we can move to florida.

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Offlinerawtoxic
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Re: for those of you who know something about probation/sentencing procedures.. [Re: idiotek]
    #5217120 - 01/24/06 10:06 AM (18 years, 1 month ago)

There is something called:
"Interstate Compact Agreement"

This allows participating states to transfer probation and parole easily. Google it to learn more.

I have been in it. Sometimes the state you are leaving will make you pay some money to leave to cover their ass if they have to extradite you back. Of course this is refundable once you complete your paper.

I moved away on 2 years of unsupervised probation did not tell anyone and nothing happened. This is not recommended but worked for me.

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OfflineTailpipe_Banana
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Re: for those of you who know something about probation/sentencing procedures.. [Re: idiotek]
    #13871850 - 01/29/11 04:22 PM (13 years, 1 month ago)

Quote:

1d10t3k said:
the situation is really whack actually.  she was driving home and she had a small amount of weed with her.. bad choice of course.

anyway, she apparently "weaved a little" and was pulled over (reeaaaally small town cops, they're douchebags) and arrested.  this is because she was on probation already but her PO was cool and liked her so he still let her off probation as well as let her out of jail after like 4 days.  the cops have the state do a blood analysis.

fast forward about a year and a month.  prosecutors have been changed a couple of times due to varied business of the original one.. pleas have been offered and negotiated.  the court date keeps getting pushed further and further ahead, which blows.  we just found out that the state has somehow lost track of her blood analysis - they only know that it was positive for marijuana, but no details beyond that. 

i'm thinking her lawyer should be able to do wonders with that, but since it's her 2nd offense of this nature it doesn't look like the judge will let her get by so easy. 

we're just trying to get past this so we can move to florida.




Be patient... don't tell anyone you're trying to get it over with (especially your attorney)..... Act like you got all the time in the world to prove your innocence.

They are pushing the court date back because they don't have a case and want her to plead guilty...  Insist upon trial.... INSIST..... your own attorney might work against you and try to scare you into pleading guilty..... it's less work for them if you do.

You know your attorney is screwing you when:
1. they ask you what your defense is.
2. they tell you the judge is tough.
3. they tell you the prosecutor is determined.
4. they only want to talk about plea deals instead of your defense.
5. they tell you that the deal is so good, you better take it now before it's too late.
6. he shows up for a hearing/meeting and he doesnt have "__________" (your file, the evidence, whatever paperwork he should have) with him.

attorneys are exactly like used car salesman..  don't believe a word they say.... don't tell them you're in a hurry to get this done ... DON'T SIGN ANYTHING unless you have considered it for at least a month. ... always ask for time to think about it.. .. you will get it.....the longer you can hold out, the better deal you will get.

the prosecution's case can only get weaker with time. ...they lose evidence, witnesses move away, cops retire, deadlines get missed.

be patient. it's worth it.... there is no better deal then case dismissed and a prosecutor will bluff you all the way to the day of the trial.

if they are dragging their feet, make sure you keep going to your hearings, they willl  get scarier and scarier but stay strong and show up for trial cuz that's case dismissal day.

if they are moving right along with your case, no delays, that's when you worry.

I used to work for the prosecutor's office and I've played both sides of this game and had my own case dismissal days in court, despite my attorney screaming at me that i was guilty and needed to take the plea deal..... i dont listen to attorney's cuz i havent met one yet that was really concerned about doing anything for my ass other than screwing it... .  as my appointed courthouse bitch he's gonna have to handle a mountain of paperwork, and i loooooooove bending this one over and giving it to him so he gets a little taste of justice too cuz i knew he was deliberately lying to me with the first words out of his mouth.

now, we've been together for 3 years and 3 pro bono cases and he lied and lied and lied but in the end, the truth always came out.
case dismissed x 3

the truth is that getting all the way to the end (the day of the trial)  made my case 10 x more work for him than it wouldve been if i had just taken those deals that wouldve sent me to jail after case 2 or 3 and made me a felon a few times over for something i wasn't even guilty for. (aw - sad face)

anytime you have a legal issue, it's going to take time... it's better to put as much time in as possible while you're on this side of the bars.  you might think it's a great plea deal, and you're only getting probation but once you are guilty, you're always guilty and the next time they get you, you will already be guilty and now since you're repeatedly guilty, they want an aggravated sentence and you will regret taking that great deal when you couldve just gone to a few more hearings, waited a few months to move,  and gotten your case dismissed.

you have the right to have the blood tested by your own analysts. tell your attorney, preferably by email so you can prove you told him, that you want to have the blood analyzed for your defense cuz you know its clean.

the details vary by state but generally, he files the paperwork for discovery, and they have so much time to come up with the blood and if they don't, you file a motion to dismiss WITH prejudice for the state's failure to comply with discovery.

dismissed with prejudice means its done, you won and they can't bother you about it anymore, or use it against you in any way, no matter what.....if they dismiss without prejudice, they can re-file the charges and they will, especially if she gets nailed again and then she's gotta fight both cases together..

in arizona holding tanks, you'll hear someone say they just got "page 2" which means charges that had previously been dismissed without prejudice just got brought back up and tacked on to the current charges they just got arrested for,(page 1)  and they gonna sit there awhile cuz the bond just went up.

dont be a dumbass -- im not an attorny, i don't know shit, and this information is based 100% on my experiences alone which means it may or may not be distorted by delusions, hallucinations or faulty cranial wiring, and therefore, it might be different from what someone else experiences, so take it for what it's worth... (im worth nothing on paper).

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Offlinedestructo_low
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Re: for those of you who know something about probation/sentencing procedures.. [Re: Tailpipe_Banana]
    #13871935 - 01/29/11 04:36 PM (13 years, 1 month ago)

You're late, bro. I'm pretty sure it even tells you at the very top of the page that the post is old as fucking shit, and you only need to reply under certain circumstances.


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There is a molecule for every purpose. There are only actions and reactions. Cut out the middle men. Everything I say is a lie.

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Offlineblujay
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Re: for those of you who know something about probation/sentencing procedures.. [Re: destructo_low]
    #13871943 - 01/29/11 04:38 PM (13 years, 1 month ago)

Quote:

destructo_low said:
You're late, bro. I'm pretty sure it even tells you at the very top of the page that the post is old as fucking shit, and you only need to reply under certain circumstances.




Cool to see all the assbags that got bored and fucked off, though.


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OfflineTailpipe_Banana
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Re: for those of you who know something about probation/sentencing procedures.. [Re: Prisoner#1]
    #13897242 - 02/02/11 11:40 PM (13 years, 1 month ago)

Quote:

Prisoner#1 said:

a probation officer can prevent you from moving simply by refusing to transfer
your probation, regarding drug testing, they have charges now called 'posession
by consumption', meaning you have an illicit drug in your system that, ie,
you've used and are guilty, if on probation it's a violation and probation can
be revoked, they need not pinpoint the time of use they only need to determine
that it was in fact used, a test shows that.






This is true in North Dakota and has been for a while....  I'm not aware of any other states that charge you for consumption...unless it's changed in the last few years...  there are some constitutional issues with it so I'm not sure if they can make it stick even if they try.

Really, how do you protect yourself if your bitch knows you're on probation and slips a mickey into your coffee just to get you locked up so she can have some fooling around time ? 

Nuh uh ... you can't prove that I was aware of what I was consuming.... I might have been totally and legally wasted ass drunk when i put what i thought was bonified lizard dung in my mouth.. what was that shit anyway ?

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