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I have a question regarding being on felony probation .

Victorville, CA |

I am currently on probation of crimes committed in 2010 . I violated probation by working out of state what will my Probation officer do He has a meeting setup with me on tuesday 5/27/14 and I am scared the only reason I left the state was due my current employer relocating to las vegas and I did not want to lose my medical insurance since I suffer from Heart failure ,stage 3 kidney disease, sleep apenea, and diabetes I also had a foot ulcer which required me to have foot surgery weekly in nevada .I have been fighting a custody battle with my ex spouse to have visitations with my kids who live in victorville . I have not broken any other terms and I have been checking in as instructed to do every 3 months via kiosk . What will happen to me ?

Attorney Answers 4

Posted

Impossible to say what will happen. You are clearly in violation of probation for leaving the county and state without prior approval. Your reasons for leaving are legitimate and hopefully you did not get into any additional trouble in Nevada. I agree with my colleague, take as much documentation as you can regarding medical history/treatment and employment in Nevada. What happens will largely depend upon your prior performance on probation, the nature of the conviction that resulted in you being on probation, and the probation officer's assessment of your "excuses."

San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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Jay Scott Finnecy

Jay Scott Finnecy

Posted

Hate to be the bearer of potentially bad news, but you should be prepared for the possibility that the probation officer has the authority to take you into custody at your meeting. Hopefully that will not happen, but it could, so be sure your affairs are in order.

Asker

Posted

Thank you,

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Posted

I did receive a speeding ticket in Nevada but nothing else I have been behaving staying away from trouble..

Posted

He could violate you but if you tell him the whole story of your problems he may give you another chance. WARNING: he's heard these kinds of excuses before probably on a fairly regular basis. Bring any documentation you have of your diseases and the treatments required.

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Posted

Thank you for responding. I have all my current papers ready since I am also in the process of going through my divorce and increase visitations with my children.

Posted

I agree with other counsel. You are in violation for a good reason and hopefully one the PO or the court will understand. If PO violates you obtain a local lawyer to help you. Good luck.

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Posted

This question is really dependent upon your relationship with your probation officer. If you have had a positive relationship with the same PO since 2010, its possible that he will cut you a break. I suggest you hire a lawyer to work with you and your probation officer if you believe your PO is likely to violate you. If you believe your PO is likely to seek some type of jail sentence, you do need to put together medical documentation, including letters from your doctor outlining your various medical conditions. It would seem dangerous for your PO to seek to have you jailed given all of your serious medical conditions you list--but to adequately raise these issues you are going to need a lawyer. Most county jails are not equipped to treat all of the above medical conditions adequately. Your PO has alot of discretion here. Given that you are posting here, you must be worried he will violate you, which leads me to believe you need a lawyer now.

Any feedback provided here is not legal advice and does not form any attorney client relationship. It is provided solely for informational purposes only.

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