How can I stop a warrant from being issued after a petition to revoke has been filed?
My probation officer has filed a petition to revoke my probation based on me allegedly skipping an appointment, and claims to have attempted to contact me by phone. Here's my issue with that...I have a text message from their office, with indisputable instructions that read "If you are scheduled for today, do not come. I will contact you for your next appointment." I got that message as I was on my way to her office. I also have the call logs from my provider, showing she never attempted to call on the date she allegedly tried calling. So this petition is 100% based on her lies, and I have the documents to prove it. But i've been told by multiple entities, including the public defenders office, to "wait until you're picked up on the warrant." I'm not trying to sit in jail for a month, waiting for it to get dismissed. What can I do? Who exactly do I need to contact, above the probation office's level? Because they've made it abundantly clear, that they're not going to help me whatsoever.
Print out all documentation to support the fact that the probation officer cancelled the meeting and that you did not intentionally violate the terms of probation. You can contact the prosecutor, which is risky, to see if they are going to ask to revoke your probation but it would be quicker/easier to hire an attorney who can place that call.
It is very rare for a warrant to issue based on an allegation of a single missed appointment. Most PO's wouldn't even write up a violation report for one missed meeting. If they did, most judges would schedule a hearing and send you an order directing you to attend that hearing.
It sounds as though you have good evidence that you didn't do anything wrong. But you should be talking to your lawyer about this. If you had a court-appointed lawyer, then that person would almost certainly represent you at any revocation hearing. You should be discussing this with them. If you had retained counsel for the case, you should contact them (if you were satisfied) and bring them up to speed. If you weren't satisfied, then hire someone else.
Your lawyer can talk to the P.O. and find out if a violation report has been written. If it has, then s/he can call chambers and find out if the judge is going to schedule a hearing.
Asker
They've already illegally done this once before 15 months ago. I sat in jail for a month, and had to pay $5000 for an attorney and to bond out, just for it to get dismissed and lose all of that money. I'm not trying to go down that road again. The public defenders office and public defenders commission both told me to wait until I get arrested, and then they can be appointed to represent me. There has to be some sort of action I can take against their office. They're showing a clear pattern of misconduct, to the point where i've started seeing a therapist since the last incident for PTSD and severe anxiety.
Asker
I tried contacting the prosecutor as soon as I found out there was a petition to revoke. Now they've already issued a warrant, and I had to hire an attorney, but I still don't know if they're going to pull the warrant and set a hearing instead of actively seeking an arrest