What will happen if I am accused of violating probation?

February 10, 2011 Leave a comment

Well guys, let me tell you. It is very easy to violate probation. It almost seems as if your probation officers are looking to violate you. For anything. For instance, I was placed on probation for  5 years and given 24 hours of community service. I was told by my probation officer that I was violating probation because I had not started the community service. I argued that I have five years to do 24 hours, I am sure I will have plenty of time to get it done. However, he said that I could be violated if he wanted to violate me, because I wasn’t getting it done in the time frame that he wanted.

Crazy! The judge gives you a 5 year sentence and the probation office can choose a different time fram if he or she decides. The law rests in their hands not the judges.

Let’s take into account that I am currently at the mercy of the probation system. I was falsely accused of a crime, have not yet been convicted and there is a warrant for my arrest for violating probation, although I have not been convicted of a new charge, just accused. It is just another example that in this system you are guilty until you prove yourself innocent.

Now, I will say however, that the officer overseeing my case has been very gracious and is waiting to see how things come out in court at the end of the month before I have to turn myself in. I had to hire an attorney to help me with the probation matter. You see, I was told that you cannot arrange for a time to turn yourself in on a warrant, but after hiring an attorney I found out that is not true. It can be at the discretion of the officer. It’s crazy how the officer can make life changing decisions! He can decide to take a warrant or just wait and see. He can make you come in immediately or arrange for a different time to turn yourself in.  It is completely up to him.

It is the same thing if you were to get arrested. It is completely up to the officer on the scene whether or not to arrest you, give you a ticket, search you, not search you, you name it. It is completely up to an officer. And who knows if he is having a bad day, is wife beater himself, is an alcoholic, educated, uneducated, burned out, racist, who knows? You fate rests in his hands. And don’t think for a minute that you are innocent until proven guilty. You better be able to prove your innocence. Because, if you are violated, the prosecution has the lightest burden of proof.

Now,

Tips to stay out of trouble and not get violated…..(this is from my own personal experience, this is not to replace the advice of an attorney)

  1. PAY YOUR FINES! It’s all about the benjamins!
  2. Make sure you communicate with your probation officer. If you are uncertain, whether or not you should say something to them, contact an attorney.
  3. If a probation officer tells you to start working on the conditions of your probation, just start doing it. Apparently they can violate you for not following their instructions. Just get started. It keeps them off of your back and it keeps their supervisors off their backs.
  4. Never travel anywhere without a permit. Even if the officer says it is okay. If you get caught without the probation officer will not back you up. They will cover their own ass. I know! I spent a week in jail and have a technical violation because of taking an officers word. Always get their permission for anything in writing.
  5. Stay away from anyone that may want you to violate. In my case my ex husband. He hs falsely accused me of a crime against him. And I am now trying to get the charges dropped.. In my state, as in many others, all that is needed to arrest you is a sworn statement. They won’t investigate they will just arrest. The burden of proof will be on you not them.
  6. Follow all traffic laws, including seatbelt laws. Any, ticket is a charge and is considered a violation.
  7. Actively seek employment and when you get a job keep it. It is one of the things they will consider if you find yourself in a bad situation, like the one I am in.
  8. If you are accused of a new charge, do not talk to the probation officer about it before speaking with an attorney. There are things you need to know if you are arrested.

Good luck to all of you struggling with this situation and take the time to evaluate how you ended up here and what you can do to keep from coming back here. That is what the system wants, for us to re-offend. Without that there would be no revenue, no money and that is what it’s all about, money! It is very rare that it is about justice or prevented future crimes. This system is set up so that you will fail! So tread very lightly, keep quite, and don’t argue with the officer. Get an attorney to argue for you! If you can’t afford one, try to find a pro bono attorney, although I have found this extremely difficult to do. You can try legal aid, however remember that the system they work for is the system that is trying to put you away so be very careful. Research your rights, the laws in your state, educate yourself!

KNOW YOUR RIGHTS!!!

Categories: My Story, Tips

Using a Felony Conviction to Alienate a Parent

February 1, 2011 Leave a comment

If losing my freedom, my career, pride and the respect of those around me, now thanks to the “justice” system I am at risk of losing my daughter.

You see, ever since I left him he has been trying to get sole custody of our daughter and the I be denied any visitation . The first petition he filed with the courts, before I was ever in trouble with the police.

Well, after I got in trouble  he convinced me to sign over primary custody to him and that I would get 50/50 visitation. I was so scared that a judge would not grant me any visitation. I later found out that would not have been the case, but I had never been in trouble and didn’t know what to do. His lawyer drowned my lawyer in paper work until all of my retainer was gone, so I did no have any one to advise me about how to handle the situation.

Well, because I was out on bond and still having to live with my fiance, because of our finances. He used this to his alienating advantage. He wouldn’t let our daughter come over and out of fear of bein arrested again I had no choice but to allow it. However, he wouldn’t even let me get her when I was not there. He wouldn;t let me take her out in public or even to my mothers for a visit. So, I only saw her a few times between April and October of that year.

Now, after the court date and the sentencing, I was legally able to be with my fiance, so there was no way that he could stop me from seeing her. So, what was he to do? Well he called the probation officer that was in charge of my case, his friend, and told him that I had moved out-of-state, and because my probation officer that was over seeing my case gave me verbal permission to leave the state and did not cover me and her with paperwork, I was sent back to jail. What my ex was hoping they would revoke my sentence because of it, but that didn’t happen. I was given a suspended sentence and was released and allowed to move.

I was then able to see my daughter again. She came for Christmas and then we agreed to every other weekend. But, she didn’t always come. He would sometimes call and say that he couldn’t meet me to get her. Or, she would call a few minutes before leaving and say that she didn’t want to come. He was giving her a choice, which is a sign of Parental Alienation tactics.

These tactics worked until summer. He wasn’t going to let her come for the summer, but I threatened to charge him with contempt of court for not allowing me the ordered visitation, so he agreed. After the summer ended she did not want to go with him. He told her that he would take her for the weekend and then let her some back and go to school here so she left with him and he didn’t bring her back. After a few weeks she came down for a visit. Although, it was a fight to get her here.

Before he brought her, he said that he couldn’t bring her and that if I wanted to see her I would have to go there. Well it was after the probation office had closed and there was no way I could do that without a permit. He was hoping I would violate my probation to get her. Well, when I told him that my husband or oldest daughter would be there to pick her up, he said never mind he would bring her. We meet at the state line.

The weekend was great, until he came to pick her up. When he got there she refused to leave with him. She ran away from him, shut herself in her room, kicked and screamed. Finally, I was able to get her to come to the door, but she would not let me go. She had her arms around my neck and kept telling him that she wanted to live with me and that she didn’t want to go with him. After several minutes of this he finally got angry enough to snatch her away from me. When he did, he slipped and fell down the stairs of the building. He got up, ran to his truck and left.

This upset me terribly. Were live near the beach, so my husband and I went to the shore and walked for a while to ease my mind after the drama. I called her the next day to see if she was okay and he wouldn’t let me talk to her. Then when I tried to call agin he wouldn’t answer the phone or return my messages. I called everywhere and couldn’t find them. I even called the police, but they were not any help.

A week later I had my monthly probation appointment. I filled out my report sheet and went into the PO’s office. She read the sheet and when she got to the part that asks if I had any contact with police, she said I was lying when I said no. I had no idea what she was talking about. When she showed me the police report, I was shocked. My ex filed a police report stating that I hit him and pushed him down the stairs of my complex. The report even sayed that they came to my door and that I refused to answer the door. Refused….refused…. I didn’t even know they had been called. I wasn’t even home after the alleged incident occurred.

I was so scared that I was going to go to jail then, but I didn’t. Then 1 week after that I got the papers. He went to court in the state we divorced and filed a petition that granted him temporary sole custody and taking away my visitation away. I was devastated. I didn’t have the money for an attorney and got jipped by one of those legal services that so they will help you with the paperwork. I had to postpone the hearing from mid November to mid December.

I prepared the paperwork, filed it with the court and went to court. When I went to court, I thought things might be okay. But, was I wrong. His attorney presented a letter from the state attorney’s office. They issued a capias warrant for my arrest. Guess the date of the warrant? The exact same date that I filed the answer to his custody petition. THE EXACT DAY! Tell me that’s not a ca-winky-dink!

Now, I am in a legal nightmare. I had to turn myself in. I spent another night in jail, I was bonded out. My mother took out a loan to hire an attorney and pay the bond. My probation officer had to send a violation report to the state that I was convicted in. My attorney said that 95% of the time they will wait to see if you are actually convicted before violating, so I felt a little better. But, I was wrong. Remember, his friend is in charged of my probation. Lucky me!

Now I wait! The fate of my whole life, the life of my daughter, and the life of my husband rests in the hands of our “JUSTICE” System!

A system where all you have to do to have someone arrested and ruin their life is to file a sworn affidavit with the state. They won’t investigate. I never spoke with the police or any investigator. They never interviewed the witnesses that were present at the time. There were no visible injuries to him, nothing. Just his word. Now that’s some kind of justice!

Categories: My Story

A Few Facts About My Case

January 31, 2011 Leave a comment

If this wasn’t happening to me, I would think this was out of some conspiracy theory movie.

This all started when I left my husband and started seeing someone else. He was so angry that I left and I knew that he would stop at nothing to destroy me.

Anyway here are the chain of events.

In February 2009, my ex husband brought a valentine’s day present to me, at the home that I shared with my finance.  My fiance became very angry and we had an argument. Our neighbors called the police and I was arrested for the domestic violence and obstruction of an officer with violence as per my last post.

The arresting officer assaulted me after I asked him to get a search warrant to come into my home. He grabbed me by the hair and through me on the floor. He threatened me with a taser and verbally assaulted me. He arrested me without reading my  Miranda Rights and threatened to call child protective services and arrest me and my fiance  if i didn’t admit to scratching my fiance. I was going through a horrible custody battle and didn’t know what to do. So I was arrested and that is just the beginning of nightmare.

  • A few facts about the police officer that arrested me. 
  • He was a friend and colleague of my ex husbands.
  • His ex-wife was a friend of mine and she was battered by him.
  • He was later fired, I found this out after my court date, from the police department for conduct unbecoming a police officer and joy riding in his patrol car while on duty.

When I went to my first hearing. I was denied bond and had to wait six weeks for a superior court bond hearing. While in jail I lost custody temporarily of my son and youngest daughter. It was later returned to me after being released.

While in jail, the guards where horrid. We were attended to primarily by male guards. They who refused to give us sanitary pads and toilet tissue, as well as medical attention and other basic human needs. They also would peep into the shower area of the cell while we were showering. The food was horrible and I spent every night sleeping on the floor due to over crowding. One of the guards was having sex with one of my cell mates. It was horrible.

After being released on bond, I was unable to find employment and spent months waiting for a pretrial hearing. The case went to court ten months later. I had a public defender and I did not speak to him once until the day of court. I tried numerous times to find out information about the case prior to this but me messages where never answered. My fiance, my mother, and my oldest child wrote the public defenders office and the DA regarding the case with no answer ever given to them. My fiance and daughter were there when all of this happened but the were not given a chance to testify on my behalf.

The day of court I spoke with the public defender and he recommended that I take the plea. He said that it was the police officers word against mine and that I would surely go to jail if I took the case to trial. I explained to him that I was a LPN and that I could lose my license to practice nursing if I took a plea as a first offender. He assured me that my record would not be visible to employers and that my livelihood and career would not be affected. I told him that I did not want to take a plea because I did not do the crime and he kept pressing me and telling me that I didn’t stand a chance in court on the felony charge. Well, I was 34 years old and never had been in trouble a day in my life so I agreed. That was the biggest mistake I have ever made.

So, I was placed on felony probation for 5 years.  5 years, for I crime I did not commit. I thought I could deal with it as long as I could still work. I would pay a fine and have to see the probation officer once per month, big deal. Well, it was a big deal.

I was placed on probation in October and at the end of November my fiance was offered a job out-of-state for twice the money he had been earning, so we needed to move. Well, I told my PO and she told me to go ahead and go. She said when we set up residence and I got a job to let her know and she would give me travel permits to be there until my probation was transferred to that state. So, I went. I was offered a job about 3 weeks after moving so I called her and she told me to come there and get my permit. Well when I got there she arrested me for moving without her permission. She did this because my ex husband called the probation supervisor, who happens to be a close friend of his, in the jurisdiction that I was sentenced in and told him I had moved and because she didn’t have me do the proper paper work, paperwork that I was unaware of, she lied and said I moved without her knowledge. So, I spent another week in jail. Needless to say I didn’t get the job. I learned then do not to trust anything they say.

Well, in order to be able to live with my family I had to rent a separate apartment in the state of the probation and get married in order for the probation to be legal transferred. I couldn’t even go there to visit with a permit. It took almost 5 months after we got married to move back in with my now husband.

Now the probation has been moved. Then when i get to the new state the probation officer threatened to violate me every time I went to see her. She said that because I had not completed all of my community service she was going to violate me. I was told I had two years to complete it. Then she threatened me because she claimed my fines had not been paid, turned out it was a posting error.

Everyday I have live in constant fear of being arrested. I can’t find a descent job. I am nurse and am currently working a cashier. I went from making 250.00 per night to making 250.00 for 40 hours of work. I do have a felony conviction when my background is checked for employment it shows up.

  • I was falsely accused of a crime I did not commit.
  • I was punished with the maximum amount of probation time that could be given in my case.
  • I have served a total of 7 weeks and 2 days in jail.
  • I am unable to find professional employment.
  • I have lost my nursing license.
  • I have to pay over 130.00 per month in fines. I currently make less than 600.00 per month.
  • I was lied to my the public defender. The very person that is sworn to defend me against wrongful prosecution.
  • The judge that ruled in my criminal case, also was the judge in my divorce case and in all of the custody case before and since with my ex husband.
  • The probation officer, the cop involved in my arrest, as well as several of the jail guards are close friends or colleagues of my ex husband, who is still trying to get custody of our daughter. Now he is using Parental Alienation tactics (which I will talk about in a later blog) and the “Justice” system to do so.

 Does this sound like justice to you?

Subscribe for more about my case and I promise to give ou some tips and info that my help you.

Starting Over, Life after a Felony Conviction

January 30, 2011 1 comment

 

I am writing this blog to tell my story and educate those who have made an error in judgement and sought the help of our so call “Justice” System. I am also hoping to provide those who are in this same situation information that can help put their lives back together.

I am a victim of our Justice System. The system that has victimized the poor and wrongly convicted and

God Help Us All!

 lied to those who are unaware of their rights and the workings of Law. I was accused of domestic violence and obstruction of a law enforcement officer with violence.

Now before you judge, let me give you some back ground. I was living a very small town with a population of less than 10,000 people and was going through a nasty custody battle with my ex husband. I was an outsider in this town and he was a law enforcement officer and very well-connected. He was very angry that I was moving on with my life and was engaged to be married to someone else. The charges were brought by an officer who was a friend of the ex.

The night that I was arrested, my fiance and I had gotten into a very loud argument (I can get very loud when I am angry), and the neighbors called the police. When the police arrived the argument was already resolved and all was quiet. I told the officer that there was no problem and tried to explain what had happened.

That was not good enough. He wanted to come into my home and I refused to let him in without a search warrant. I felt he had no business there. He forced his way in by pushing the door open and pulling me to the ground and threatening me with a taser for crying. He handcuffed me so tightly that I have permanent nerve damage and severe pain daily. He dragged me to the police car and put me in the back.  Apparently this is considered Felony Obstruction of a Law Enforcement Officer with Violence.

The officer then went into the house and questioned my husband. He came out to the police car and said that he saw a scratch on my fiance and wanted to know what I did to him. I had no idea what he was talking about. He told me that if I didn’t tell him that I scratched my fiance that he was going to arrest the both of us and that Child Protective Services would come to take my children from me.  And so, this is Domestic Violence as defined under the Family Violence Act that is present in most states.

Now keep in mind that I am 4 feet 11 inches tall and 34 years old at the time. The officer was at least 5 feet 10 inches tall and in great shape and no older than 25. I had never been in trouble a day in my life. I was a Licensed Practical Nurse. I had served as a tutor and mentor to students in the college that I attended and had served as CFO for a major company in the town. And in one fail swoop of “justice”, I lost it all.

I spent 6 weeks in jail, lost physical custody of my youngest daughter, and with the help and guidance of a public defender was coerced into taking plea, even though my fiance had written letters to the District Attorney stating that nothing violent had happened and the public defender said that I did not have a case against the officer because it was an officer of the law’s word against mine and that if I did not take the plea that i would serve more jail time. I was also told that it would not affect my ability to get a job or affect my nursing license. HAHAHAHA. Was I a fool, because I lost it all!

Now, I am trying to put everything back together. I am going to take the things that I have learned about the system and use it to help those who are going through something similar and to educate those who have no clue what it is like to become a part of the criminal justice system.

I encourage my readers to comment about their experiences and share information that may be helpful to those shoe have been convicted of a felony. I want to uplift and educate. I am going to find and provide as many tips on how to obtain employment after a felony conviction, how to get back your self-esteem, and tell you what my struggles have been and where I am currently.

We need to band together and help each other. We need to petition our leaders about the corruption that is present in justice system and the trials and tribulations of trying to rehabilitate after a felony conviction with or without incarceration. We need to bring to light the abuses of prisoners, probationer, and paroles by those who have sworn to uphold the law.

Join me in my recovery and fight with the Injustice System!

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