Charges dropped, but still held against me

[nat_toy]

li live in missouri
back in sept. '03, i was involved in an accident that took the life of a close friend. some people made false reports about that night and in feb. '04 i was charged w/ invoulantary vehicular manslaughter, class D felony. the week following the accident, i went to the gravesite to pay my respects and 2 people made false reports stating i tried to run them over in the graveyard and i was charged w/ 2 counts of attempted vehicular assault, class C felony.(i live in a small town) in trying to cope w/ the accident, i turned to drugs (marijuana) to try to forget about it all and dull the pain away and got 2 dist. of a cont. sub.-marj. charges while trying to support my habit. my lawyer said that the state had poor cases (lack of evidence) on the manslaughter and assault charges, and conflicting info on one of the drug charges, but they had me on the other drug charge. i wound up taking a plea bargain in the end and got the invol. manslaughter, both att. assault, and one of the drug charges dropped for pleaing guilty to the other drug charge. i'm now on parole for the drug charge, but my PO keeps bringing up the dropped charges (manslaughter and assault) and using them against me any way he can, ie. in violating my parole. my question is can and how can he use charges that were dropped, that i never had a chance to argue my side of against me now???

 

[RedemptionMan]

They will try and use that against you.

What exactly happened to the charges? nolle pros., dismissed, or what????

If your lawyer that you used was worth anything then he can have a hearing in front of the judge for probation termination or expungement... Good Luck with it......

 

[stephenk]

how are you violating your parole?

 

[nat_toy]

parole violations

one of my parole conditions is 'no operating a motor vehicle' because of my poor driving record and the fact that i was CHARGED w/ inv. vehicular manslaughter and att. vehicular assault--even though these charges were DROPPED. on 12/2/05, my PO came by my house to check on me (i live on a 500 acre farm w/ my parents) and caught me driving (lettered road) going to check cows and fix fence. (which i could've done w/out leaving our property but it was easier to go around on the road) he violated me and in his violation report he talked about my poor driving record and the manslaughter and assault charges stating "in this officers opinion, mr.___ shows no remorse for his actions." my PO also said he belives i am a danger to pedestrians and other motorists in my area. he makes it sound like i'm some kinda maddman. i just got back out of prison last week, and my PO said he would violate my parole if he caught me driving here on our FARM. this is PRIVATE PROPERTY and as long as i stay on it, how can he violate me for driving? I have numerous things to do around the farm (fix fence, check cows, get firewood, ect.) that i can do W/OUT leaving our property. thanks!

 

[HomeGuru]

one of my parole conditions is 'no operating a motor vehicle' because of my poor driving record and the fact that i was CHARGED w/ inv. vehicular manslaughter and att. vehicular assault--even though these charges were DROPPED. on 12/2/05, my PO came by my house to check on me (i live on a 500 acre farm w/ my parents) and caught me driving (lettered road) going to check cows and fix fence. (which i could've done w/out leaving our property but it was easier to go around on the road) he violated me and in his violation report he talked about my poor driving record and the manslaughter and assault charges stating "in this officers opinion, mr.___ shows no remorse for his actions." my PO also said he belives i am a danger to pedestrians and other motorists in my area. he makes it sound like i'm some kinda maddman. i just got back out of prison last week, and my PO said he would violate my parole if he caught me driving here on our FARM. this is PRIVATE PROPERTY and as long as i stay on it, how can he violate me for driving? I have numerous things to do around the farm (fix fence, check cows, get firewood, ect.) that i can do W/OUT leaving our property. thanks!

**A: do you know what a motor vehicle is? It is any vehicle with a motor.
Next time ride the horse.

 

[nat_toy]

how do i go about trying to get this 'no operating a motor veheicle' stip. changed or dropped? how likely would it befor me to do that?

 

[Cmyers]

HomeGuru Needs to shut its PIE HOLE!

-------------TO----------
---------HomeGuru--------

does anything usefull ever come out of you? why dont you do all of us a favor... SHUT YOUR PIE HOLE! unless you have somthing productive to add.
Some of us here are in really need of legal advice, Not smartmouth remarks from some idiot that thinks they are witty.

Sorry Nat Toy that this dimwitted individual, inappropiately tryed to make fun of a situation that, is obvously not funny.

 

[racer72]

cmyers has answered 8 posts and every single bit of info he has given is wrong. Please go away you ignorant twit.

 

[RedemptionMan]

It sounds like to me that there are other forces at work here. Sounds very political to me. I assume since your folks have a farm that they have excellent attorneys. Find one and use them he can get you reinstated if he is good enough. A PO has ultimate control over violating your probation or not. If he said that he saw you ride XyZ car to XyZ road then that will be in his report. What did you get out of prison for? I thought you said the charges were dismissed?

You will have to have a hearing in front of a judge and hope for the best in order for the PO to actually violate your probation. The PO does not have the power to return you to prison or jail without presenting to the court evidence that supports his claim. Get a good attorney and I feel that you can get out of it. Then request a change in PO cause this guy is biased against you and his statements depict that. Good luck ----

 

[nat_toy]

i'm on PAROLE not probation

yes, the 2 assaults and the manslaughter charges were dismissed, but i also had a dist. of a cont. sub.-marijuana charge that i WAS convicted of and sentenced to 6yrs in the MO D.O.C. the state (missouri) filed the manslaughter charge because of pressure from the family of the person who died in the accident and the 2 assault charges were VERY weak. (political or just small town B.S.?) they were more concerned about the distribution charge cause it was the only one w/ a strong enough case to convict. the drug charge was a direct result of the accident i was in cause it took the life of one of my close friends--i turned to drugs trying to deal w/ it and began to sell to support my habit--something my PO does NOT appear to understand. in this state, if you are out on parole and get arrested for ANYTHING AT ALL, you automaticly go straight back to prison and deal w/ your violations there. a revocation hearing. i've already went back to prison 12/2/05 and gotten back out 1/18/06. my PO recomended for my parole to be revoked, but the parole board just reinstated my parole and kicked me back out w/ the same stipulations + house arrest (which they charge $5/ day for). i live out in the country and its hard to get back and forth to a job w/ this 'no operating a motor vehicle' stip., but i'm expected to pay for this house arrest??? you bet! makes a lot of sense, don't it??? i'm getting punished for something i was never convicted of, am i not? if i try to challenge the stipultion (no driving), how likely would it be to get it removed, or at least modified? heck, my PO said i couldn't even drive on the FARM! how does that work?!? ANY info, ideas, suggestions, or comments appreciated!

 

[RedemptionMan]

yes, the 2 assaults and the manslaughter charges were dismissed, but i also had a dist. of a cont. sub.-marijuana charge that i WAS convicted of and sentenced to 6yrs in the MO D.O.C. the state (missouri) filed the manslaughter charge because of pressure from the family of the person who died in the accident and the 2 assault charges were VERY weak. (political or just small town B.S.?) they were more concerned about the distribution charge cause it was the only one w/ a strong enough case to convict. the drug charge was a direct result of the accident i was in cause it took the life of one of my close friends--i turned to drugs trying to deal w/ it and began to sell to support my habit--something my PO does NOT appear to understand. in this state, if you are out on parole and get arrested for ANYTHING AT ALL, you automaticly go straight back to prison and deal w/ your violations there. a revocation hearing. i've already went back to prison 12/2/05 and gotten back out 1/18/06. my PO recomended for my parole to be revoked, but the parole board just reinstated my parole and kicked me back out w/ the same stipulations + house arrest (which they charge $5/ day for). i live out in the country and its hard to get back and forth to a job w/ this 'no operating a motor vehicle' stip., but i'm expected to pay for this house arrest??? you bet! makes a lot of sense, don't it??? i'm getting punished for something i was never convicted of, am i not? if i try to challenge the stipultion (no driving), how likely would it be to get it removed, or at least modified? heck, my PO said i couldn't even drive on the FARM! how does that work?!? ANY info, ideas, suggestions, or comments appreciated!

You were convicted of something and that something was drug related with an element of violence (violence charges can be used against you but only for new charges and new cases). This makes it tough to do anything with. After reading your first post I assumed that the charges against you were dismissed. That was not the case. Usually it takes a new arrest for a criminal offense that constitutes a felony in order to actually violate probation. The violation of probation seems chumped up and you should have a good shot at beating it as long as you hire a good lawyer good luck....

 

[nat_toy]

convicted ONLY of selling marijuana

all my charges (inv. veh. manslaughter, 2 attmpt. veh. assault, 2 dist. of a cont. sub. marijuana--in that order) happened w/in a 1 month peirod of time (9/27/03-10/18/03). they were all basically bunched together in court. i took a plea bargain (on the advice of my lawyer) and pleaded guilty to 1 of the dist. of a cont. sub and the state agreed to drop (or dismiss) the other 4 (inv. veh. manslaughter, 2 attmpt. veh. assault, 1 dist. of a cont. sub.) charges--they had no case, no chance of conviction w/ these 4. does that sound like i got a bad deal? i am currently on PAROLE for the 1 DRUG CHARGE i pleaded to--no violence was involved IN THIS CHARGE. my PO is treating me like i'm on parole for the manslaughter and 2 assault charged--BUT THOSE 3 WERE DROPPED! its almost as if he wouldn't care (in my opinion) if i got back on drugs as long as i didn't drive the way he acts! (im just saying) and i'm on parole for DRUGS! WTF?!? in taking the plea bargain, i ASSUMED the othter charges would DISSAPPEAR, be GONE, but i guess not??? that was the way it all came across to me at the time, but so far everything (sentecing, parole hearing, violations) has been about those 3 DROPPED CHARGES--not my current drug (marijuana) charge. can those DROPPED CHARGES be brought up and/or held against me for the rest of my life? HOW?? heck, back at my sentencing hearing for this 1 DRUG charge, little was mentioned about it but a LOT was said about the charges that were DROPPED. what should i do, go talk to a GOOD lawyer about it all, see what he/she thinks??? i know i f*ck*d up, but ONLY in being a dumba*s 'pothead' and selling it. i successfully completed a 180-day treatment before getting out on parole and learned a lot about myself, my addiction, and how a tramatic event in someones life can effect their drug use. my PO apparently doesn't understand that. can anything be done?

 

[RedemptionMan]

They can not use previous charges with no convictions against you. They will try but usually that will basis a judge / jury against the prosecution. The charges can be used against you if you are to face new charges or get into more trouble. That is the only way that they can violate your probation is if you are facing new charges and usually if the charges are felonies. It sounds weak if the probation officer is pulling your probation for a driving violation. Get a good lawyer and they can get you reinstated and beyond this. Good Luck.....