I am on felony probation with a 3 year joint suspension,my original charges are meth lab child endangerment posesion of a controled substance...anyways I was driving without a liscense and was in an accident,,my probation officer violated me,and they want to give me 3 years prison time...I have been drug testing sinse I was released from custody in 2004 after doing a year in the county jail and been giving clean tests I was doing so well and on my way to getting off probation..is there something I can do to stop or fight the 3 year prison sentense? please help me..I am 2 months pregnant and just gave birth 7 months ago to a baby boy..
2007-03-07 17:01:08 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
When you're on probation you're not supposed to break any laws. Otherwise your P.O. can revoke your probation and you have to go back and finish your sentence. I'm sure you knew this and you know that driving without a license is illegal. A man who has a 7-month-old baby and another one on the way wouldn't get out of it so why should a woman?
2007-03-07 21:13:17 · answer #1 · answered by DawnDavenport 7 · 0⤊ 0⤋
A criminal defense attorney isn't going to be able to help you much here. You really messed up.
In general, sentencing guidelines are just that - guidelines - but in rare cases a judge can make an exception. I don't see that happening here because in addition to guidelines there are minimum sentence requirements that vary from state to state.
Your sentencing is actually based on a calculation of points. A certain number of points and years go with specific crimes and if you've already been in some trouble - the higher the sentence if you re-offend or violate your probationary terms.
Having a child means nothing to the court system as they are required by state law to give you at least the minimum. With any luck you'll only serve half that time and qualify for early release with good behavior. Consider yourself lucky.
2007-03-08 01:13:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You are a complete moron!! You know you are on probation and the judge has every right to resentence you to that 3 years if you violate your probation. You did, you were driving without a license and henceforth, breaking the LAW, which you seem good at. The law does not care if you are pregnant, you violated your probation, you know it, the probation office knows it, the judge will know it. Maybe you should serve all 3 years since you don't seem to be too bright and able to abide by the rules and regulations of probation: they aren't tough to follow.
2007-03-11 20:53:01 · answer #3 · answered by Rhode Island Red 5 · 0⤊ 0⤋
Congratulations on the baby. I have a 6 month old boy myself!
You are supposed to be speaking to your defense attorney about this. Generally, and speaking frankly, probation is granted in lieu of jail or prison time. When you are on parole or probation, you aren't afforded the same rights as a person that is not on probation or parole who is being arrested on a new charge. Truth be told, you will probably serve some time.
2007-03-08 01:06:15 · answer #4 · answered by Mickey Mouse Spears 7 · 1⤊ 0⤋
You violated your probation - so back to jail you go....and rightly so.
Being a baby machine doesn't have anything to do with it.
You really should clean up your act for the sake of your children if for no other reason.
2007-03-08 11:07:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Your pregnancy will help you if anything I'm sure. The thing with probation officers is your violation doesn't have to be the same thing you're on probation for, they can violate you with ANY CRIMINAL ACT.
Driving without a liscence in itself is a criminal act. I'm afraid you're screwed unless they have pity for the fact that you're a new mother and pregnant.
2007-03-08 01:05:38 · answer #6 · answered by Siren 4 · 0⤊ 1⤋
You took a mighty big risk and lost. I'm sorry, but I think you're stuck with doing the time. It's a shame, but try for good behavior so you can get out early and be a mom to your kids.
Don't take chances like that in the future.
2007-03-08 01:05:51 · answer #7 · answered by John L 5 · 0⤊ 0⤋
You were not "doing so well" You in dangered the child you are carrying and the 7mo. old. Who's child did you in danger in your Meth lab days? Was that one put in protective custody? And now you have one more and one on the way and both you have put in harms way. Obviously you need a very strong lesson before you hurt or kill someone besides yourself.
2007-03-08 01:07:35 · answer #8 · answered by Faerie loue 5 · 1⤊ 1⤋
you were doing so good until you drove without a liscense..then you broke the law..duh? its your decesion to flaunt the law...i guess you felt above the law..but now because you are held accountable you feel you deserve special rights..? well, you need some more timeto think about your actions.
2007-03-08 01:06:35 · answer #9 · answered by Anonymous · 0⤊ 1⤋
You are an idiot. You deserve more than 3 years.
2007-03-08 01:05:35 · answer #10 · answered by Anonymous · 0⤊ 1⤋