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How do I find out how to just serve jail time. And how much will I have to serve.

Caldwell, ID |

First offense possession of marijuana charge.
365 days 325 suspended 30 days description to probation officer.
2days of s.i.l.d in lieu of 10days jail.
300 dollar fine.
Mrt classes.
2years superised probation.
Sentenced February 16th. 2012
S.i.l.d & Mrt completed. Up to date on probation fees. 102$ left on court fine.
I can't handle the stress of probation.

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Attorney answers 3

Posted

What is it about your probation that is stressing you out? Are you having financial stressors? If so I would go and speak to your probation officer about it. I know they may seem unsympathetic to your situation, but their job is to see you succeed on probation. If there is something holding you back from success then you should speak to your probation officer about the problems. The reason most people are violated on probation is because they fail to communicate effectively with their probation officer.

If you fail on your probation then the State will file a Motion for Probation Violation. You can explain to the judge that you would prefer to simply serve a jail sentence and have your case commuted. You would then argue your case to the judge as to how much time to serve. You will face up to the entire sentence (minus credit for time served).

Asker

Posted

I've paid her a lot of money, I can't afford it no. But main thing is when I got sentenced I lived in twin falls, and during the process moved to Buhl, now 319days later I can't live in Buhl unless i take a level 1 substance abuse class bcuz twin falls wont supervise me . & that's like 400$ upfront I can't do that. I do everything I'm supposed to, I pay her, I take drug tests and never failed one and I've done everything asked of me.

L Craig Atkinson

L Craig Atkinson

Posted

You should take in your bills, pay stubs, etc., and demonstrate to your probation officer that you cannot afford it. Sometimes there is funding available, or maybe she has some alternative treatment for you. But like I said, communicate with her. Write her emails if you have to. Save the emails. The judge cannot violate you on your probation for something that was impossible for you to do. Just make sure you can demonstrate that you tried your best.

Asker

Posted

I have emailed my probation officer, I have made it apparent to her that what she is asking me to do is not affordable, she knows I simply can't do it. She barely replies back to me, every time I email her something really important she don't write me back. And last time I was in her office she said she replies daily.

L Craig Atkinson

L Craig Atkinson

Posted

Keep those emails. Do not delete them. Tell her in the email to at least confirm that she received your email. It doesn't matter as much that she actually works with you as much as it matters that you tried, and can prove that you tried. The judge will be happier knowing you did all you could do, and that it was the probation officer who dropped the ball.

Asker

Posted

And like today and well all last week I've tried getting ahold of her to tell her that the classes she wants me to take need to be appointed by an evaluation & if I take another one and they say it don't have to be done i can't take them bcuz that's how twin falls clinics work.

Posted

Contact your attorney!

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

I don't have an attorney. :/

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

Ask the court to appoint one! Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave, Suite 200 Garden City, NY 11530 516-408-3666 (o) / 516-408-3833 (f) Jlopiccolo@hbclaw.net

Posted

Both answers already given tell you something clearly: Communicate with either your lawyer or your PO about your situation!

I recommend that you start with your lawyer, but don't fail on a program that is designed for you to succeed because you refuse to communicate.

Also, have you served time in jail before? If not, you need to give a lot of thought to the effects on your life and your mental health of going to jail versus serving probation. You WILL be stressed in jail if you are stressed on probation, so think wisely. Also, consider seeing a mental heaIth professional. Everybody goes through hard times and professionals are there to help you to learn how to cope with the stress.

I wish you the best.