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Probation violation

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What is the name of your state? Idaho

My question follows the backstory.

My roommate violated probation. The probation violation disposition hearing is scheduled. The violation -- for possession of a controlled substance -- resulted only after she attacked me with a deadly instrument and was charged with aggravated battery.

When I moved into the house (three of us share), the now-problematic roommate was sober and in compliance with terms of probation. I even attended NA meetings, drove to mandated classes, etc., offering moral support. Then she either slipped or relapsed and told her PO, who stated that the house-visits would increase. I guess zero to a lone visit in a three-month time span (since I moved in) by POs is an increase.

My sober roommate and I suspected she completely relapsed based on her avoidance of us, moodiness, and the list goes on. We tried contacting her PO but did not have the extension number and the message "system" would not accept the input criterion using the probationer's first initial. We were afraid of her, stopped using the common areas (hoping she would clean them at some point and also wanting POs to see -- if they ever arrived), and... finally:

Probation Officers made a house visit. They didn't even have to knock. I opened the door to go outside and saw them. They asked if the roommate was home. I said they could go inside and told them where they would find her if she was home (since I didn't know if she was at the house). Much to my shock, the POs did not seem to notice the things that I thought were flags, such as stuff shoved into a vent on the floor with the cover removed and the stove sitting in the middle of the kitchen. They had to walk through the kitchen to her room.

When leaving, the officers told her, "Well, we hope you feel better."

My roommate and I couldn't believe it. She was on meth, not suffering a cold or the flu.

The day after the POs' visit she attacked me (and the instrument made contact with my body). Her rage, as she stated, spawned from allowing the POs into the house. I was going into my room and just inside the door, locking it, when she attacked. I closed the door, which she also beat. I was terrified. After it was quiet, I grabbed my puppies and drove to the PD.

Question: Now that her probation has been revoked as a result of the felony possession violation, which she already pleaded to, and there is the new criminal case, might the judge be more inclined to impose the original sentence for completion or beef up her so-called supervision? The attack could have been prevented with earlier, much more frequent visits.

The judge issued a NCO. Prosecutors are also seeking persistent violator status, depending on the outcome of aggravated battery case. She has an upcoming bail reduction hearing, which I hope is not reduced. She keeps making bail and offending. I am so worried she will be back on probation and escalate even more.

ETA: I learned after the attack that she also had three FTAs, with bench warrants served -- one on the day of the attack. She has two previous misdemeanor battery cases also pending. Because those cases have not resolved, I am wondering if the judge might also take that info. into consideration before determining whether to reduce her bail amount, which is currently set at $10K for the felony battery and $5K for one of the other cases. I think it is already amply low, since she sure knows how to reach a bail bondsman.
 
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not2cleverRed

Obvious Observer
I think that you should worry less about her probation violation and more about your own safety - physical and financial.

Assuming the NCO is a no contact order, and that she is to have no contact with you, you have to do what you can to make sure it's enforced.

For your safety, contact the police if she violates it. Each and every time.

Look at the terms of your lease. Clearly the both of you can't continue living in the same place. Contact your landlord about the situation. Idaho does not have a statute regarding domestic violence, but your landlord might not be delighted with your roommate's issues.

Realize that if your problem roommate can no longer continue to live there that you may have to bear the burden of covering her share of the rent until someone replaces her, depending on the terms of her lease.
 
Thank you. I met with an officer this morning, who kindly explained the No Contact Order (NCO). Police allowed one of her family members to come in and move her belongings out of the residence. She was ordered to vacate.

I'm also looking at other housing options, since this place now has a heavy, unwanted feeling.
 
She went to court seeking bail reduction on a different, prior (misdemeanor battery) case. Did not happen. Court said that that is not the reason she is in custody. She also garnered a second felony probation violation noted in her litany of charges. I feel better that the seriousness of her "alleged" (mis)conduct is being addressed by her POs, etc.
 
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not2cleverRed

Obvious Observer
She went to court seeking bail reduction on a different, prior (misdemeanor battery) case. Did not happen. Court said that that is not the reason she is in custody. She also garnered a second felony probation violation noted in her litany of charges. I feel better that the seriousness of her "alleged" (mis)conduct is being addressed by her POs, etc.
Stay safe, and good luck!

I suspect you've had enough of this "character building" experience.
 
I certainly appreciate that the chaos is subsiding and that my concentration is not as much on her meth-induced paranoia and rage. I've only glanced at the jail roster one time today -- so far :) -- needing to see for myself that she is definitely still in custody.

It does trouble me that my response time was delayed in realizing what she was doing as it was happening. If I had been quicker in reacting, she would have hit the door and not me. I remind myself that she had a day of brooding over the POs visit before attacking me.

Well, for her drug charges alone, she faces the possibility of roughly 6 years. But: I am hopeful that the prosecutor still will not allow the sentencing for those charges to somehow mitigate her additional (alleged) offenses.
 
I am going to ask the court to expand the scope of the NCO. She sent someone here tonight to get rent money or will tell police that I am trespassing. No, I paid the rent (as my banking info reflects). She wants money for the commissary. Not happening. The homeowner, which she is not, can ask for rent. She has no legal standing.
 

not2cleverRed

Obvious Observer
I am going to ask the court to expand the scope of the NCO. She sent someone here tonight to get rent money or will tell police that I am trespassing. No, I paid the rent (as my banking info reflects). She wants money for the commissary. Not happening. The homeowner, which she is not, can ask for rent. She has no legal standing.
Given what you have described, that would be wise.

In fact, since she is having other people carry threats to you, she may actually be violating it already.
 
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