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felony bench warrant probation violation

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fentob

Junior Member
What is the name of your state? California
I was convicted of H&S 11378 poss of meth for sale March 2000. I was placed on probation for 3 years and given conditions. After the 1 yr of live a live in drug program I was to begin the terms including random testing, register as an offender etc... My housing arrangements changed to a live-out program where other residence shared a home to help with the recovery process. This housing arrangement was in another county as well as my employer. Arrangements were made to suspend the probation terms and to inquire about a waiver of the fees. Matters then arose with the roommates and I discussed new living arrangments with my Probation Officer. I was told the requests were being processed and I would be contacted if there was any problems. I felt at the time I was done. I never received any further correspondence.

I was traveling in New York and was stopped for a violation. I was then placed in custody for "fugitive of justice" status due to a no bail felony bench warrant. 10 days later I was released. This was the first time I was aware of the matter.

I need to correct this issue. I have limited income which means I will need to use the Public Defender. I have kept the same employer for 5 years although I am on disability. I took the help the Judge offered at the time and have changed my life. I take care of my elderly Mom. I do have a terminal medical condition the prognosis is 2 to 3 years. My concerns are income, insurance and the care of my Mom. I don't know what will happen if I am incarcerated due to this matter.

I realize the Public Defender System is overworked and this causes people to "fall in the cracks". I need to be informed of the process I will face and what I can do to help the Public Defender.

Should I contact the Probation Department to find out what happened?
What are the alternate sentences avalible instead of jail time?
What kind of paperwork should I have?
Can my financial and medical issues be used as factors to help?

Thanks...!
 


BL

Senior Member
I was told the requests were being processed and I would be contacted if there was any problems. I felt at the time I was done.
You knew the rules .... You left before it was processed ( approved ) , and know you were contacted ......

Hopefully , when your PD proves to the Court your terminal illness , the Court will let you carry on ....
 

fentob

Junior Member
ok, but I need information

I understand that there were many times over the past 5 years when I should have at least inquired regarding the Probation. I should have contacted my Probation Officer shortly after moving and having the discussion or received documentation. I have no doc's just my scant recall of conversations 5 years ago. I failed...miserably!!!

Based on the Court ordered terms I would have 5 violatons, not reporting change of residence, not updating as a drug offender, not appearing to Court, not paying the fees and not drug testing. I suppose the Prosecutor would have a field day and request to throw away the key....I deserve time in custody just for being an idiot.

Now, these would be my current issues. I have a bench warrant that I need to resolve. I have serious medical problems. My medical insurance and disability benefit could terminate if incarcerated. I am responsible for caring for my elderly Mom. The houshold depends on my benefit check.

Showing up at court one day would probably not give me the best chance to provide the Courts with something they need to help me. I don't beleive the system in general wants to lock people away. However, I have basically snubbed the Court by not appearing. That won't look good.

What does the Court and Prosecutor look for?
Are there any internet based information gathering tools I can use to help me understand the seriousness of the matter update my nomenclature?
What should I look for if I went to a law library?
Do they have info on similar cases and the sentencing for the Superior Courts Division and the Judge I would be appear before?
What documents would help with my current medical condition and financial/family status?
What type of alternate sentences are avalible in lieu of prision?

Thanks for any help...!!!
 

BL

Senior Member
for someone that's terminally ill , you keep trying to scoot on your Dependant mother ?

Who knows what the prosecutor or Judge will do ?
 

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