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Author Topic: What is private probation/  (Read 318 times)

Offline Griffin (OP)

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What is private probation/
« on: August 28, 2015, 05:48:06 AM »
The county I got sentenced 18 months of probation out of is 3.5 hours away and I first intended them to transfer my probation to a county close to mine that I was currently doing probation in. I ended my probation there and then asked the county thats 3.5 hours away where my new sentence of 18 months of probation was given to transfer my probation to the county I live in because the probation office is a mile from my house and that they are the only county in colorado that will give methadone to people in jail. Well the original county hasn't done anything for me lately sense I got sentenced they did my alcohol assessment over the phone and they said it didn't matter what my score was I would have to take 9 months of alcohol classes even though I haven't drank alcohol in 4 years and even though it was a dui no alcohol was involved in my crime. My dui was for methadone which I was prescribed and had taken 18 hours before getting arrested.

I talked to them today and they said that I was put on private probation and gave me a number for them and didn't answer any of my questions. Like if I could leave the state for thanksgiving and if I needed to show them my mmj card to be able to smoke weed. They said ask the private probation people my questions and they didn't answer my calls. So does this mean I will no longer have to talk to or deal with the original county that I was sentenced out of? Do they no longer have a say in what I can and can't do.

I have no idea what private probation is. Does anyone know what it is what it pertains and if its easier or harder than regular probation? Do I have a judge that I would be able to send my motions to like ending probation early and such? I basically want to know if I can smoke weed sense the state just passed a law saying that people on parole and probation could if they had there medical card. I also wanted to know if and when I can leave the state and what I would have to do to be able to. and I want to know if its easier or harder as for how many drug tests I will have to take if any how many times Will i have to go see them for meetings like with my old probation it was once every 2 months with anywhere from 2 -4 ua's a month. Plus I had to complete classes in a certain amount of time and pay fines every month. Sorry for rambling but I have no idea what private probation is and want to know all I can. I would like to eventually move out of state and want to know if if going to have to go through hell because it isn't regular probation or if it is more like unsupervised probation. My goal would be to not have to take alcohol classes sense it would cost me $1000 to do and also not to have to take any UA's and be able to move out and go out of state when I want or need to. If you have any info on private probation even it doesn't pertain to my specific questions please let me know. thanks a lot guys this last case has been a clusterfuck sense the get go.



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Offline Jethro

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Re: What is private probation/
« Reply #1 on: August 28, 2015, 08:26:25 AM »
Hello OP,
  Wiki link : https://en.wikipedia.org/wiki/Private_probation
     Though not Colorado specific; it seems this is a way to assign you to a non-government (Private) company for probation. 
    It may be good if they are understaffed and do not have time to spend on your case.
    However they may see you as a Profit Center to be exploited.
 I will be interested to see how this turns out.
                Jethro
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Offline nick

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Re: What is private probation/
« Reply #2 on: August 28, 2015, 08:54:17 AM »
It's a judicial shake down-pretty much extortion.  These companies are supposed to be part of the small state solution,but they actually cost money whilst using the state's punitive power to shake down the poorest sections of society.

It's a business and wants to turn a profit. Profit is generated in every act of being on probation(urine test,fine payment,courses etc) So,I get the feeling this may be painful and expensive for you.

Luck with it.
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Offline Griffin (OP)

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Re: What is private probation/
« Reply #3 on: August 28, 2015, 09:44:28 AM »
Me too, it should be quite interesting all I've read online is that they are a money scam and a lot of people are blaming them for high recidivism rates because so many people are failing out of their program. The story I read said that private probation programs have a 30% higher rate of sending people back to jail for violations than regular county probations supervision. I would rather be on probation in the county I live in, even if its more strict because I live a mile from the county probation office, it wouldn't cost me any more money, and its the only county in Colorado that provides methadone in there county jail.

When I called the private probation place they wouldn't answer any of my questions except to tell me that they charge a supervision fee. Which I better not have to pay because I already have to pay $120 a month for my probation "supervision" fee in the county I got charged out of, and they haven't done anything except send my paperwork to this company instead of the county I live in during the whole 2.5 months I have been on probation there.  Originally when I was told I was going to be doing my probation in the county I live in I wasn't going to have to pay any supervision fee to that county. I would only have to pay the original county I got sentenced in and they would use some of that to pay the costs to the county I would be doing my probation in. $2160 of my $4100 of my total fees is for there "supervision fees" which equals $120 a month for supervision. They are making it sound like I have no say in the matter, the day I was sentenced I told the probation lady I was wanting to move to a different state and she said that I didn't qualify for going through the interstate compact to be switched into the other states probation program because of my charges. She said that I would however be able to do unsupservised probation through the county I got sentenced in, as long as I kept up on paying my fees to them I could live in the other state without supervision.

If I have to pay more money for this I am first going to goto the county I live in probation's office and see if they even got my paperwork and if they would accept me as a client. If I can't get into there program I am going to try and get the unsupervised probation in another state that the probation lady who isn't my P.O. told me about. I really hope this isn't as big of clusterfuck as it seems because they are basically saying I will have to pay more money because I will be put on private supervised probation which I should be able to do in another state and not have to pay more money for because the original county is no longer supervising me so I don't understand why I should have to pay them $2160 to supervise me when they will never see me again unless I get arrested and have to be extradited back to there jail.


The original county I was on probation supervision fee's were $50 a month not $120 and I had no problem paying that because they actually supervised me with UAs, PO meetings, Resources to help me get housing and jobs. my PO would be in court every time I filed a motion to back me up and say how well I was doing on probation and that I was the best client she has ever had as far as being compliant and committed to the program. When I got the new charges and revoked that probation she told the judge she was shocked by the new charges and wasn't aware that what I did was a crime and that I had always been a model client who in 18 months didn't have a hot UA and the methadone clinic said I never had one single problem and was getting 2 weeks at a time which takes 18 months without any fuck ups and that I had not abused any of my methadone. She got the judge to end my probation because I only had 1.5 months of the 18 months probation left when I got arrested and the new charges revoked my original probation when all this court stuff happened where she got them to end my probation it was 3 months past the 18 month sentence. But I was still on probation because they didn't know how much more probation they were going to give me for fucking up my probation by getting these new charges.


All of this because I got a DUI 19 hours after taking my prescribed methadone. I just want to do my time, Ill do UAs, pay my fines, not get in any trouble, abide by all probation regulations, and everything. But I do not want to and can't afford to pay any more money for this Its already going to cost me in the $10,000 range for this whole thing.  sorry for the rant I am pissed because I am thinking that they are going to fuck me because that is what they are known for. again my apologies if its incoherent I am aggravated about the whole entire situation.


Griffin
« Last Edit: August 28, 2015, 09:51:33 AM by Griffin »
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Offline nick

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Re: What is private probation/
« Reply #4 on: August 28, 2015, 09:53:48 AM »
If it were me and the only substance involved in the dui is your prescribed methadone I'd contact NAMA(just google NAMA,methadone) and talk to them about this because it sounds hinky.

P.S. If you have any problems with finding NAMA let me know and I'll try and hook you up. 
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Offline Griffin (OP)

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Re: What is private probation/
« Reply #5 on: August 28, 2015, 10:56:27 AM »
Ill look into it, I already plead guilty though. I couldn't afford a lawyer who would of made this a reckless driving case so I had a public defender who didn't know his asshole from his toothbrush so the deal I got I just took because I wanted it over and didn't want to try and get a new public defender by proving unqualified counsel and i figured if I represented myself they would of screwed me even if I said word for word what my public defender said I would got twice the punishment. They gave the kid before me who represented me the max even though his plea deal was for probation. He got 18 months DOC. It was a small town judicial system where everybody knows everyone and the judge is an asshat and the court room was a circus so I was out of my element. I even had a note from my doctor saying I had been on the same stable dose for 18 months and that this medication would not effect my driving. I looked up plenty of cases that said it didn't effect it and then there were some cases that proved methadone patients were more prone to accidents. So basically 500,000 people in the united states are driving under the influence of methadone everyday. The whole thing I could rant about the hypocrisy and uneducated judicial system I had to deal with for days.
Thanks for the info Nick like always you have something that is not only relevant and helpful but you always try and help at the root of the cause. You are an awesome an admin and I love this site thank you so much for replying sorry for my rant as you can probably tell I am quite agitated when I speak of this whole smorgasbord.   


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Offline nick

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Re: What is private probation/
« Reply #6 on: August 28, 2015, 11:17:43 AM »
Agitated-I'd be fucking furious!

I'm going to ask around about MMT and driving in the states and get back to you.
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Offline Griffin (OP)

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Re: What is private probation/
« Reply #7 on: August 28, 2015, 12:06:42 PM »
Thank you very much I have studied a lot of the research and testing done on methadone and driving to see if it impairs driving and came up with an inconclusive answer some studies said it did a lot say they that it does not. Basically the reason I was found guilty was because I could not pass the roadside sobriety test and I had a substance that could impair my ability to drive. Which can be any substance from benedryl and cold medicine to narcotics. When I first got arrested the cops said it was kind of a gray area but anyone with a substance in there system who did not pass the roadside test could and usually will be charged with a DUI if you refuse the blood test in my state your license is supended for a year. They do not tell you this when they ask if you want a blood test. I wanted a blood test because I thought I was legal to drive sense it had been over 18 hours sense I took it and it was the only substance in my body. They do not test blood levels so they have no idea how much i sin your system like if you took to much or if you took it 30 minutes before the test or 4 days ago. Thanks again for all the help and input you have always been some who has given a well thought out opinion who considers both sides of the argument so thanks for always being a level headed understanding mod. I had to c/t detox for 30 days in jail with only 2 tylenol permitted per day and one ammonium per day for the first 10 days. My fines just for the court and jail stuff is a little over $4100 and does not include the 9 months of weekly classes that cost anywhere between $15 and $40 and some people have to take 2 classes a week. Right now I am more interested in my rights for this private probation and if ill be able to switch to the county probation like I want to.

Griffin


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Offline Sand and Water

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Re: What is private probation/
« Reply #8 on: August 28, 2015, 12:27:24 PM »
Holy crap!! You really got reamed :(

 This is my fear every time I get behind the wheel because I wouldn't be able to pass to physical part of the roadside testing either. Im a CPP & can't stand on one leg, walk backwards etc.

And you're absolutely right re:med levels etc, I've been on the same doses for YEARS.

I really hope you can get public probation. If you decide you want to, you DO have the option of reporting this judge to that states Bar Association. They DO take complaints seriously. 
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Offline theSWPK

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Re: What is private probation/
« Reply #9 on: August 29, 2015, 01:02:00 AM »
Ugh fuck non judicated probation. Bunch of fucktards acting like they're cops.
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Offline Griffin (OP)

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Re: What is private probation/
« Reply #10 on: August 29, 2015, 01:08:33 AM »
I feel like I am getting reamed from every direction. I got my license back today, after paying $140 and doing a written and driving test and waiting 30 days of the 9 month suspension. I have to pay $85 a month for my breathalyzer which I should only have for 4 months if I don't get any tickets or anything else. I have to pay $75 everytime I blow hot for alcohol which happened last week after work. I passed the test to start my car then 5 minutes later when I did the test you have to take while driving every5-10 minute I failed and then passed 2 minutes later. It locked my car down which means when I turn it off I won't be able to start it until I pay them the $75. The guy on the phone who got my car back on after I paid said that it was probably alcohol in the air from my work clothes or from hand soap. Sense I had not ate in over 3 hours and had only water to drink that whole time. He said that sense I didn't have my windows down alcohol from different chemicals or food could of been on my food and been in the air when I took my test that made my breath test positive and if it happens that theres nothing I can do except pay the money to get my car to be able to turn on. On top of the $4000 in fines from the methadone dui I already have to pay they are wanting me to pay to be supervised by this private company and they didn't even send my paperwork to the county I live in. NO matter what the $2160 of my fines that is for probation supervision fees will have to be paid to them even if they aren't supervising me and even if I have to pay the county or company that is supervising me supervision fees as well those fees will have to paid in full for me to get off probation. I feel like I have been completely screwed by our judicial system for the second time and it just keeps getting worse and worse. Its bad enough that I lost my house, dream job, financial aid for college, and had to pay $2500 to get all of my belongings back they just continue to pour it on me because I am now a criminal and have no rights. I hate feeling like this and I got denied a manager job at pizza hut for being on probation. I feel like I'm going to be stuck with minimum wage the rest of my life for this. I don't know if I have told anyone here my original crime but it was domestic violence harassment for calling my girlfriend to many times while we were breaking up even though she told the police and the judge and court that she didn't want me arrested or to have any charges filed against me and that I was not harassing here or a threat to her. Now  I have a DV charge, a drug DUI for taking only methadone 19 hours before being arrested for it, and a misdemeanor drug possession for having my prescription drugs in the wrong bottle. Finding housing, employment, and getting by with all these fines is really hard and stressing me out to the max. Sorry for venting I just don't have many people to talk to and it keeps getting more and more overwhelming when little stuff like this happens. Its already cost me $4,000 and it looks like its going to cost me another $8000 before its over with and thats if I don't get charged extra supervision fees for having to go through a private probation company. Thanks everyone for the kind words and for listening to me rant, I just don't know what to do or turn to sometimes when it gets like this. I am just going to continue doing everything I can to get off paper and keep my head above water so I am not homeless again, and try and finish college so that I can find a decent job and get this all in the past and have a chance of having a comfortable life.


Thanks everyone on the forum for the advice and for listening to me bitch about my problems you guys have made me feel that there are options and that I have somewhere to turn to when shit hits the fan and i am very appreciative of that.

Griffin
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Re: What is private probation/
« Reply #11 on: August 29, 2015, 01:25:52 AM »
What a shit situation.  It sounds like falling asleep in the bottom of a porta potty and watching 'client' after 'client' stop by to drop gifts on you, and shower you with praise.

Now that you know the full costs involved would you reconsider the decision to not get a lawyer?

This is my nightmarentoo.  There was a time when I refused to drive out fear and concern that the same thing would happen to me, or that I would hurt\ kill someone else.

Not much to say, except hang in there and you will find your way through all of this.  At least it is a finite amount of time and then it is over.

This is a hell of a lesson to the rest of us also.  I appreciate you sharing it just from that perspective.
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Offline Zoops

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Re: What is private probation/
« Reply #12 on: August 29, 2015, 02:31:25 AM »
Despite all your troubles, Griffin, you're still light-years ahead of me in the game of life. I had a six-figure government job, owned my own home, had a young child in my custody, and two nice Volvo cars.

All that went out the window first with a vindictive ex-wife, then with Rx fraud charges 6 times over (yeah I have a thick skull, should have stopped after getting caught the first time), did some prison time, now I'm living in a rented basement room and practically jobless (part time professional work is it and day labor gigs) because nobody will hire (even for non-violent convictions) me and no chance of getting my driver's license back unless I pay back like $3,000 in court costs and get back on track with my $300/mo child support payments.

You have a DV conviction yet you'll still get way more breaks than me.

TL/DR - you have a lot of advantages over many people that have been screwed in the judicial system. Like a seemingly unending supply of cash, and a clean record except for this current charge.
Should have gotten a lawyer, if not, bring a swimsuit because you're gonna take a dive!
« Last Edit: August 29, 2015, 02:42:23 AM by Zoops »
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Re: What is private probation/
« Reply #13 on: August 29, 2015, 05:16:00 AM »
Dude, you're screwed.

Private = For Profit

Their "job" is to milk you as for much as they can and keep you tied up in additional fines and fees and overpriced services for as long as they can. At least, that will be best for the business.

Hate to say it but you were probably better off under  state government run probation. Because 18 months could turn into "indefinite, endless hell" you might e en be better off moving to a different juristiction where probation is county run again.

There is John Oliver on the subject. It gets relevant to you at about 8:50.

https://www.youtube.com/embed/0UjpmT5noto

If you can, pay any fees or court costs first, directly to the state or county because private probatipn takes their cut first meaning you might pay them many times over before they are ever recorded as "paid."
« Last Edit: August 31, 2015, 07:26:44 PM by DeadCat »
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Offline Griffin (OP)

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Re: What is private probation/
« Reply #14 on: August 29, 2015, 03:07:57 PM »
I got some great news after talking to the head of probation in the county I originally wanted to do my probation in, a lawyer, the head of probation in the county I was charged in and was getting transferred out of, The head of the private probation company that they tried to get me into, The head of the probation department where I did my last probation term, The judge presiding over my case, and a few other people I don't remember. I found out the county I wanted to get transferred to wont take transfers from instate counties for supervised probation and even though they didn't get any of my paper work for me to deny they gave me that information. After speaking to the county where I did my first probation term and was in there good graces because I did so well in there probation program in my first probation term even though I ended unsuccessfully because I got new charges. They said what I did I shouldn't of got charged for and I was still one of there best probation clients as far as being complaint and being committed to the program while I was under there supervision. They accepted my transfer to be supervised by them for my new probation term from the county I got the new charges in and will only have to pay there fee of $50 a month to be supervised there. They got all my paperwork completed and had my transfer to be there client completed today. After talking to the head of the probation department in the county I got the new charges in who sentenced me the 18 months of probation in they decided to waive my $2100 supervision fees so I wouldn't be paying supervision fees in two different counties sense they would not be supervising me so I wouldn't need to pay them those fees for that service sense they would not be providing them. So instead of paying over $2100 for probation supervision fees to the county I was arrested in, I will be paying $800 for the supervision fees out of the county that I was transferred and accepted into.

 The private probation company that I was originally going to be forced into paying $1800 along with the $2100 for supervision fees. I no longer have to mess with because when I talked to the head of the probation department in the county I was sentenced out of and trying to get transferred away from about the private probation companies higher rates of sending people to jail and violating people as well as having to pay both fees that would add $1800 to my original $4100 in fees. He deleted them from my possible places to be transferred to and told me I would not be doing my supervised probation through them. So instead of paying $4000 for supervision fees to a company that has a 40% higher rate of sending people to jail and violating peoples probation. I will only have to pay $800 in a county who already knows me and knows that I am a good compliant client who is committed to getting off paper. So now I will no longer have to deal with the original county I was sentenced in unless I get arrested again and they decided to file new charges on me. If i am arrested again I will be going to prison either way so that doesn't really matter.

To sum this all up sense some of it may not make sense because i typed it fast to try and get the point across of how I managed to better my situation by calling about 15 different people and talking to the top person in each place i called. I now will be doing my probation in a county that is only 15 minutes away that will only cost $800 for supervision fees. Plus I have already done probation for this county and I am known for being a respectful, compliant, and committed client. So now the supervision fee fiasco is taken care of because instead of paying $2100 to the original county who would no longer be supervising me on top of paying another $1800 to a private probation company who has higher rates of failing clients I will no longer have to deal with any of that and I will no longer have to deal with the stupid podunk town's probation officers complete disregard for my opinions and rights in the county I was originally arrested in.

Thanks for all the info and support guys I am so glad this worked out for me It took all day on the phone and I lucked out by getting the county I got into to accept me because they knew me because they just let me off probation there 3 weeks ago even though they could of given me 12 more months of probation for revoking my probation by catching new charges which would of cost atleast $1000. But sense I was such a good client and my PO vouched for me in court they let me off sense I had surpassed the original time of probation I was sentenced even though I revoked it before my original sentence was over.

 
Griffin
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