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  #1 (permalink)  
Old 09-16-2007, 03:46 PM
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Default question regarding probation issue!

I was sentenced to 3 years probation and 30 days community service as a part of a plea bargain for owning pit bulls that supposedly were intentionally used for fighting which was not true, but I was charged with negligence. Under the terms of my probation I could not own dogs. I did not completely finish my community service hours due to work and I have an outstanding bench warrant. My question is, am I still on probation even though it has been more than 3 years since pleading guilty? I only was able to complete 7 of the 30 days of service. Please help!
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Old 09-16-2007, 04:25 PM
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Quote:
Originally Posted by adoggy07 View Post
I was sentenced to 3 years probation and 30 days community service as a part of a plea bargain for owning pit bulls that supposedly were intentionally used for fighting which was not true, but I was charged with negligence. Under the terms of my probation I could not own dogs. I did not completely finish my community service hours due to work and I have an outstanding bench warrant. My question is, am I still on probation even though it has been more than 3 years since pleading guilty? I only was able to complete 7 of the 30 days of service. Please help!

Obviously, consulting an attorney is the caveat of this site, one which, when repeated, gets tiresome.

For a specific answer I suggest you consult your paperwork given to you at the time the case was adjudicated.

Are you really worried about your current status re: On probation or not on probation?? I am not certain that I understand your concern about still being on probation, though. It would seem as though you have other bigger concerns (or should). (The length of time that has transpired is irrelevant---the fact that the terms of the sentence have not been completed IS the relevant issue.)

Generally speaking, when you plead down a case, and are given a lesser sentence, and you do not abide by the terms of the agreement, you are found in contempt, a bench warrant is issued, and you face ADDITIONAL charges--I say additional because now you will, in all probability, have to serve out the maximum sentence you would have gotten had you not pled, plus additional severe penalties for flagrantly violating the courts good will in giving you a second chance by pleading down.

There is never a good reason for violating the terms of probation. The cost of doing so is NEVER ever worth the time, money, and heartache that will, most certainly, follow.
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Old 09-16-2007, 05:48 PM
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Hello, and thanks for your response. I was concerned because my girlfriend wanted to get a dog, but I was not sure if we would even be able to own one. I did consult an attorney awhile back because he was trying to get me an extension, but the judge was not buying it! He did say that I would probably just serve out the rest of my days of incomplete community service in custody, but who knows? I was just wondering if anyone has delt with a case similar to mine or had the same experience. You do have a very interesting and scary point...

Quote:
Originally Posted by GentleGrace View Post
Obviously, consulting an attorney is the caveat of this site, one which, when repeated, gets tiresome.

For a specific answer I suggest you consult your paperwork given to you at the time the case was adjudicated.

Are you really worried about your current status re: On probation or not on probation?? I am not certain that I understand your concern about still being on probation, though. It would seem as though you have other bigger concerns (or should). (The length of time that has transpired is irrelevant---the fact that the terms of the sentence have not been completed IS the relevant issue.)

Generally speaking, when you plead down a case, and are given a lesser sentence, and you do not abide by the terms of the agreement, you are found in contempt, a bench warrant is issued, and you face ADDITIONAL charges--I say additional because now you will, in all probability, have to serve out the maximum sentence you would have gotten had you not pled, plus additional severe penalties for flagrantly violating the courts good will in giving you a second chance by pleading down.

There is never a good reason for violating the terms of probation. The cost of doing so is NEVER ever worth the time, money, and heartache that will, most certainly, follow.
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Old 09-16-2007, 06:43 PM
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If the ONLY reason you are wondering if you are on probation or not is so you can get a dog, I would NOT chance it. I personally would not own a dog before I had served out the entirety of my sentence and was assured that the case against me had been closed. Owning a dog before you have that assurance is a huge risk---and hardly worth the price, especially if, as you mentioned, the judge isn't "isn't buying it".

Get a cat.
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Old 09-16-2007, 07:21 PM
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Lol.. strong point guru!
Quote:
Originally Posted by GentleGrace View Post
If the ONLY reason you are wondering if you are on probation or not is so you can get a dog, I would NOT chance it. I personally would not own a dog before I had served out the entirety of my sentence and was assured that the case against me had been closed. Owning a dog before you have that assurance is a huge risk---and hardly worth the price, especially if, as you mentioned, the judge isn't "isn't buying it".

Get a cat.
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Old 09-17-2007, 10:59 AM
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Try contacting the probation officer assigned to the case, if it's not already stated within the terms of your probation (within the paperwork.)

Last edited by admin : 09-17-2007 at 04:15 PM.
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Old 09-17-2007, 05:34 PM
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My case was assigned as informal probation without an actual probation officer to report to, but I wonder if there is still a probation officer that is assigned? I think I will try contacting my attorney that was on the case( I was actually trying to avoid that..lol)
Quote:
Originally Posted by TheJury'sStillOut View Post
Try contacting the probation officer assigned to the case, if it's not already stated within the terms of your probation (within the paperwork.)
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Old 09-17-2007, 08:13 PM
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Quote:
Originally Posted by adoggy07 View Post
My case was assigned as informal probation without an actual probation officer to report to, but I wonder if there is still a probation officer that is assigned? I think I will try contacting my attorney that was on the case( I was actually trying to avoid that..lol)
I felt you might get a more accurate answer by contacting a probation officer rather than an attorney as I often suggest & as was referred to elsewhere, (my post has been edited for some reason ??) but seeing as you have none in this case, that might be the best place for you to check. You could always contact the court in question to find out who one reports to in cases of informal probation (if one even exists in addition to a standard probation office in your jurisdiction), or where you can get more information regarding the terms of your probation.

Again, good luck. You might want to rethink avoiding that bench warrant you mentioned. The longer it remains outstanding, the tougher it will become for you, as you're probably already aware. That's also something you might want to discuss with that attorney as well. Just a thought.

Last edited by TheJury'sStillOut : 09-17-2007 at 09:01 PM.
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Old 09-18-2007, 06:48 PM
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Will do, thanks...
Quote:
Originally Posted by TheJury'sStillOut View Post
I felt you might get a more accurate answer by contacting a probation officer rather than an attorney as I often suggest & as was referred to elsewhere, (my post has been edited for some reason ??) but seeing as you have none in this case, that might be the best place for you to check. You could always contact the court in question to find out who one reports to in cases of informal probation (if one even exists in addition to a standard probation office in your jurisdiction), or where you can get more information regarding the terms of your probation.

Again, good luck. You might want to rethink avoiding that bench warrant you mentioned. The longer it remains outstanding, the tougher it will become for you, as you're probably already aware. That's also something you might want to discuss with that attorney as well. Just a thought.
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