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I might have to go to jail :\ {CONCLUSION WITHIN}
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| tribu |
For a probation violation.
I got busted for underage drinking and assault charges on St. Patty's day 2003. A few people here may remember that incident. As a result of my plea bargain (everything was dropped to a negligent assault), I had to attend a three day dry out program and follow whatever recommendation they gave me. Ive never really had a problem with alcohol, especially since the incident (I now drink less than once per month), but I was given an additional 10 sessions of group and individual therapy to deal with the problem. I attended 4 of these sessions then was hired at my current job, disabling my ability to continue the sessions. I was unavaliable to schedule personal appointments over the summer because I was not taking classes. (my university only allows you to do this if youre a full time student).
Once school started, this whole scenario slipped my mind in between my 20 hours of classes, my full time job and everything in between. I didnt schedule any individual therapy sessions, my counsler reported it, and I am now due in front of the judge next Wednesday. I have pay stubs showing the hours I worked over the summer, but they only go back to the last weekend in July and my last session was almost certainly in June.
Im a bit worried about this but hoping for a bit of compassion from the judge. However, knowing that this is an election year, I fear that she may happily serve me with the full 59 suspended days of my sentence. After all the work I have done (Community service, Restitution, 3 day program, etc), I would be quite upset to have to go back to jail. However, I accept that it was my responsibility to set these dates and I just let it exit my mind, thinking the situation was over. If anyone has any recommendations for me, Ill be glad to listen. I have already amassed my pay stubs (back to july), and printed my school schedule along with my work schedule (to show that I was unavaliable for easy scheduling). I will contact my boss tomorrow and ask for a legitimate copy of my work schedule along with my missing pay stubs (she will have copies of everything, for tax purposes). I have already contacted the counsler in hopes of finishing up my counseling. Does anyone have any suggestions of how I might avoid jail time because of this mess? |
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| butterfly |
| a lawyer maybe? it sounds like you have a decent excuse. better than some i have heard anyway. |
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| Rodrico |
My advice for you is this:
Whatever happens, don't drop the soap. |
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| yogi bear |
post there
freeadvice.com :D
and check this thread
http://www.tranceaddict.com/forums/...threadid=217304
If you are from FL i know a good lawyer, but he takes $5000 flat rate to start. Hes really good and has a lot of connections, I saw him in action (but not in my case, b/c I never had a problem with law) |
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| TweeK |
| quote: | Originally posted by Rodrico
My advice for you is this:
Whatever happens, don't drop the soap. |
Dam you beat me to it!!!:whip: :whip: :whip: |
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| tribu |
| quote: | Originally posted by yogi bear
post there
freeadvice.com :D
and check this thread
http://www.tranceaddict.com/forums/...threadid=217304
If you are from FL i know a good lawyer, but he takes $5000 flat rate to start. Hes really good and has a lot of connections, I saw him in action (but not in my case, b/c I never had a problem with law) |
Im in Ohio, and Im really not sure a lawyer is an option for me. I have NO money to spend on a lawyer, retainer or otherwise. My other suggestions have been to ask my employer for an affadavit or to ask her to appear in court with me to tell the judge that I was vital to the job (I was) and that she will grant me the time off that I need to finish my requirement. Im really in a bind because I never asked for time off to finish, I just assumed that my time was done. All this for 6 missed meetings seems harsh for me. Im hoping the judge will see it this way though I doubt she will. Though she's not up for re-election (I just checked), i am not optimistic about this scenario. :( |
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| Halcyon+On+On |
You will get past this, one day ;)
This is all I can offer. |
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| *~*Angelblue*~* |
| omg i'm calling you!!! |
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| smokeape |
Kinda key in here is your relationship with your probation officer. Did you tell him/her your circumstances and whether or not you'd be able to attend mandatory courses? Probabtion officers are normally responsive to offenders who are willing to better themselves and need adjustments to mandatory classes or community service. That's what the program's about anyhow; rehabilitate a lawbreaker so he doesn't break the same law again. You haven't told us what you told your prob officer about missing class or community service other than the fact that you chose not to go.
:rolleyes:
[[[smoke]]] |
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| Spacey Orange |
| quote: | Originally posted by tribu
Does anyone have any suggestions of how I might avoid jail time because of this mess? |
I don't know that you or the judge can do anything about it if the law wherever you are doesn't allow the judge any discretion.
Assuming that the judge has some leeway (i think he/she will), then you should try to demonstrate that you are doing something about your lapse.
It's good that you are trying to finish up your counseling. Try to finish if you can, but at the very least attend one session, even if you have to take some time off work and school, and drive many miles. Otherwise, you may be forced to quit work and school anyway, and lose money because you won't be working.
You said it slipped your mind. Then be proactive, and do somthing that demonstrates that you are doing something so it won't slip your mind again. If you don't have one, buy a PDA and fill it with dates appointments etc, or buy a cheap personal organizer and do the same.
Look nice and conservative. Dress sharp, wear a suit if you have one. If you don't buy a cheap one (or nice one) or borrow one. Show your respect for the judge and the legal system.
I'm not sure if your excuses of school and work will have an impact.
BTW are you in the US? If so, what state? |
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| Spacey Orange |
Damn Tribu, what the hell did you do? Is this right? Negligent assault? This seems pretty serious. You better start praying and get an attorney ASAP?
| quote: | § 2903.14. Negligent assault.
(A) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another or to another's unborn.
(B) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.
§ 2923.11. Definitions.
As used in sections 2923.11 to 2923.24 of the Revised Code:
(A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
(B) (1) "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
(C) "Handgun" means any of the following:
(1) Any firearm that has a short stock and is designed to be held and fired by the use of a single hand;
(2) Any combination of parts from which a firearm of a type described in division (C)(1) of this section can be assembled.
(D) "Semi-automatic firearm" means any firearm designed or specially adapted to fire a single cartridge and automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger.
(E) "Automatic firearm" means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. "Automatic firearm" also means any semi-automatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only .22 caliber short, long, or long-rifle cartridges.
(F) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall.
(G) "Zip-gun" means any of the following:
(1) Any firearm of crude and extemporized manufacture;
(2) Any device, including without limitation a starter's pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm;
(3) Any industrial tool, signalling device, or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm.
(H) "Explosive device" means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, and consisting of an explosive substance or agency and a means to detonate it. "Explosive device" includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, and any pressure vessel that has been knowingly tampered with or arranged so as to explode.
(I) "Incendiary device" means any firebomb, and any device designed or specially adapted to cause physical harm to persons or property by means of fire, and consisting of an incendiary substance or agency and a means to ignite it.
(J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism.
(K) "Dangerous ordnance" means any of the following, except as provided in division (L) of this section:
(1) Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
(2) Any explosive device or incendiary device;
(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
(5) Any firearm muffler or silencer;
(6) Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
(L) "Dangerous ordnance" does not include any of the following:
(1) Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
(2) Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;
(3) Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
(4) Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;
(5) Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.
(6) Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations issued under that act.
(M) "Explosive" means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. "Explosive" includes all materials that have been classified as class A, class B, or class C explosives by the United States department of transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. "Explosive" does not include "fireworks," as defined in section 3743.01 of the Revised Code, or any explosive that is not subject to regulation under the rules of the fire marshal adopted pursuant to section 3737.82 of the Revised Code. |
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| tribu |
EDIT: Im in Ohio
Hmm, you bring up an interesting point. Im not sure if the judge has any leeway in this case, though like you, I assume she will. As far as proactivity goes, Ive contacted my counsler about further meetings, but I received this today, so it may be until tomorrow or wednesday until I hear from him. He may not accept me back because I didnt provide him with updated contact information for me, and he may be unwilling to do this for me because i failed to contact him once i was able to schedule indidual meetings with him (Im not eligible for individual counseling if im not a full time student and I took no classes over the summer.) I am hoping he will be willing to work with me, but the chance that i will be able to attend a session before the court date next Wednesday may not be good.
As far as what happened, I dont want to recreate the whole story here but a drunk guy took a swing at me on St Patty's night. I took him down with a punch and a guy I was hanging out with took out his cell phone and bashed this guy's face in. I only hit this guy once, but I eventually pleaded guilty to Neg. Assault due to the 2 charges they had against me. The victim had several of his friends to support his story, though they all claimed not to know him at the time. We had several photos of them all together but the judge wouldnt allow them in court...probably for good reason: They were all taken after the incident.
Its not so much that I ignored the situation, its just that I thought everything was finished. I paid restituition, did community service, participated in the court-ordered treatement and started counseling. This led me to not pursue the situation further. In the recommendation to the court from my three-day program, no limit was set on the amount of counseling sessions I should partake in, but i think this will have little to no effect on the judge. Im hoping the she will take into consideration the fact that i preformed all the other steps immediately, but I feel so dumb. A simple phone call to my counsler couldve quelled all of this. Ive called him tonight, as Ive said, but Im certain that it will be too late. Im just hoping to have the sentence reduced based on the amount of effort I have put into this situation.
Im trying not to stress out about this. Whats done is done and I can only hope for the best, but I am definitely expecting the worst... :\
| quote: | Originally posted by smokeape
Kinda key in here is your relationship with your probation officer. Did you tell him/her your circumstances and whether or not you'd be able to attend mandatory courses? Probabtion officers are normally responsive to offenders who are willing to better themselves and need adjustments to mandatory classes or community service. That's what the program's about anyhow; rehabilitate a lawbreaker so he doesn't break the same law again. You haven't told us what you told your prob officer about missing class or community service other than the fact that you chose not to go.
[[[smoke]]] |
My relationship with my PO was good. I did all my requirements i na timely fashion, and made good use of my time with her. I never missed any meetings, always showed up on time, and had generally good raport with her. Unfortunately I didnt let her know about my work/school and councling conflicts. She knew I would have trouble getting the counseling due to the summer quarter, but the extenet of that, she does not know Additionally, Ive had since Sept 21st to re-establish individual meetings with my counsler, but as I said in the post above this, I thought that I had fulfilled all requirements. I never realized that I had to do 10 meetings, though Id bet money that somewhere in a probation paper i received, it says that exact number. So Im not sure how it will play out with her in court. We got along well, and she knows I had countless restrictions, all of which she helped me work through. I just slipped up on this one. |
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