Legal Questions

[Griffin (OP)]

I have a ton of legal questions, and was hoping someone could help, maybe Roman Totale? I was hoping that this could be like a thread for anyone who has legal questions, not just me. I'm not sure if we have any lawyers or not, but I figure a lot of us have our own stories and experiences that might help someone who is in a similar spot. Sorry for the long post it is mostly the same question just wondering if anyone has any ideas of what will happen if I violate my probation.

I was arrested in a county 3 hours away from where I live, and they transferred my probation to a private company that does my supervision now. The private company that does my probation supervision is located in a county close to me but not the one I am living at. Their office is a few blocks from that counties jail and is about 30 minutes from my house. If I violate my probation do you think I will go to jail in the county I live in, the county that my probation companies office is at, or the county I got arrested in?

The reason I ask is because the county I live in is the only county in CO that allows methadone. I have been to the other county twice and it is terrible, $10 for one tylenol. I am worried that my PO is going to violate me when I see her in a few weeks because I lied to her about finishing my community service so I could visit my family over spring break. I haven't seen them in almost 2 years and she said I couldn't go unless I was finished with it so I lied and told her I was even though I hadn't started. I am going to finish before I see her though.

I am still paying the fines off for the county I was arrested in, but they no longer supervise me. I don't think the private company has any ties to the county where their office is at, but might use them for convenience since the jail is right down the road. Would the county that I am living in have to house me, legally speaking, if I didn't commit a new crime in the county where their office is? Is a probation violation considered a new crime or charge?

I am thinking since the county I live in is getting my tax money they would be the ones required to hold me, the county where their office is would be losing money from housing me since there is no new charge and they aren't getting my money anyway. (actually the county I am not living in would still profit having me as an inmate because the government pays them a set amount of money for each inmate housed there each day, i think its between $35-$75/day per inmate, which is more than it actually costs to feed and house them.)

On paper it seems like it wouldn't benefit them to house me since I don't live there. If the county where the private probation company's office arrests me, could I file a writ or something to get transferred to the county I live in? Which county will I go to court at to see if I am actually going to have my probation violated or get resentenced? The county I was arrested in? Even if they transferred me.

I also have a 5 day suspended sentence, where would I serve that since my probation was transferred to the private company? If the court decides not to violate me will I still have to serve the 5 day suspended sentence for breaking the terms of my probation? If my PO has me arrested but the court decideds to not violate my probation will anything change as far as sentencing, more community service, or anything like that. I think that my probation would change like more meetings w/ them and more UAs but I have no idea.

Thanks for any help or info, this has been worrying the shit out of me I am praying I don't get drug tested this week, because I smoked weed 3x on the 22nd of march, first time I've smoked in a while, I am to nervous to look up how long it will take to get out my system I am just hoping luck is on my side and the random UA this month is on the last day since I only have one a month.

I am getting my phase 4 at the clinic monday, so I would get weekly takeouts, if I fail the UA, or violate my probation it will take me 6 months to get back, if I get arrested and miss 2 days because I am in jail I will take me 10 months to get back to that. I really want it because they are about to enact a policy requiring a family member or close friend to do a counseling session with you to tell them about MMT, diversion, and safety and my family doesn't know I am back on it. If I get it before they enact the policy I'll be grandfathered in, unless I lose it.

[Indy]

Not sure how it works there, but here in WI if you violate probation seriously enough you get revoked, then unless you had other stipulations like an imposed and stayed sentence at the time you were "sentenced" to probation (probation is not legally considered a sentence, it's in lieu of sentencing), you go before the same court, and get sentenced. So if you get revoked, at least here, you do your time in the county you were charged in.

You CAN apply for a transfer to your "home" county jail but its hard to get, and you need a good reason. Sadly wanting to stay on methadone would not be a good reason to them.

[dizzle]

regardless of who is supervising your probation now, the bottom line is this, you still SORT OF have an open case, TECHNICALLY SPEAKING. If you violate your probation, they will probably pull you into that jail that is right next to the place that handles your probation, then they'll let the county that actually sentenced you to probation know that you violated, and are being held. Then they'll transport you to the county that sentenced you to probation. Then you'll have to go in front of the judge, and the case will not be a new charge, but it'll be heard under the original case number you had when you committed the crime that got you sentenced to probation.


If it's your first violation and the judge is decent, he/she may just reinstate your probation, or slap you on the wrist. But, long story short, it's not a NEW charge, unless you get caught tampering with a drop or something like that.


TL;dr: you'd end up in the county you got sentenced in, and in front of (possibly) the same judge that gave you the probation in the first place. Unless they have already reassigned him, because sometimes counties like to move judges around to different courts, but not all of them do that...

[Griffin (OP)]

Okay cool thanks for the help guys, that sucks, I hate feeling like I am going back to jail, especially to kick methadone again. Oh well shit happens I suppose. Hopefully this all goes unnoticed and I can finish my probation without doing anymore time. I supposed no matter what I will be doing the 5 day suspended sentence if they violate me, and hopefully they just revoke and reinstate because my public defender there was an idiot and the DA is an asshole. I have finally got back on my feet for the 2nd time so I am sure if it is going to happen it will be now.

[Indy]

Man, if it's anything like PST withdrawal, and I've heard it's worse, I would make sure you have SOMETHING to help you get through a jailhouse detox from 'done. If you're on more than a small dose, suboxone might not keep you well now, but after about three or four days when you're starting to really hurt, I bet it would make a big difference in the intensity of your symptoms. I know I was dying for even just a half dozen imodium or anything to do SOMETHING to make the withdrawal just a bit weaker, because I always felt like I was at my breaking point. I mean I made it through ok but it was downright traumatizing. I

'm not trying to scare you or make you feel worse, but I would do everything you can to taper off before you go to jail, or grab however many subs you can fit up y'ass comfortably. Not going to mince words with that, it's a dirty business but you gotta do what you gotta do, kicking in jail is even dirtier. IMO pills would actually be better as you can easily snort them to make the most of them and they're just easier to work with in jail; there's a lot of things you don't really think of that you don't have access to in jail. Although I will say the subs can be hidden easier than the pills without rekeistering, but I unfortunately think if you really want to be safe you should anyway. Also it should go without saying to tell no one, even if they're your best friend in there, word has a way of getting out and you don't want to know what some people will do to get what you have
have. Let me just say that even swallowing them wouldn't keep them totally safe.

But now I'm rambling, I just wanted to mention that because if jail is a possibility it's something you should consider. again, I know that subs probably aren't too appealing if you're on 'done, but no matter how much they might not seem to do anything, when you're going totally cold turkey, they will make a huge difference.

[Griffin (OP)]

Yeah I think I am just going to sweat it out, and do the freezing cold month long suicidal ideation dance. I assume if I am going that it will be at my PO appt in a week in a half, but am not sure. I am on 90 so there is no tapering at this point, I will probably have to do a month plus so I figure I will be putting off the inevitable. It has been 20 days since I smoked so my UA should be clean I haven't had it yet, I smoked 3x anyone know how long it usually takes I am to scared to research as it will just stress me out.

If they are smart they will do it the day after 4-20 to try and fuck up more people, I hope it is at the end of the month just in case. I have been drinking more water, and eating healthy so hopefully that speeds helps me get it out quicker. I am going to have my community service done by the time I meet with her, so hopefully I am worrying more than necessary and that I never goto jail again. I am going to start sending in my monthly motion to get off probation early if I don't goto jail so hopefully I don't have to wait till January to get off.


I fucking hate jail, I know everyone does but I really hate that fucking place, it wouldn't be to bad with done but damn what a place to kick. Especially since I know I can't or won't do the clean thing. I tried that last year with 4 months of life hating, and am going to get back on the train asap. Well I hope my PO is oblivious to my lies, and that she is the nicest most forgiving person in the world if she does find out. I still think it'd be a good idea to make judges, POs, and cops do prison time before they can put that on anyone else, even though that'd never happen. They should have to know what they are putting people through.
 

[Indy]

what ever happened with this?

btw dizzle, not sure about IL but here the decision to reinstate probation is decided by an Ad Law judge, basically a lawyer, and most people waive it anyway. once the decision to revoke is made, you get sentenced by a big boy judge, and I guess in theory he could put you back on probation (judges can basically do anything) but I don't see why that would ever happen. if probation is reinstated it'd be the result of a revocation hearing that went in favor of the probationer.

[Lolleedee]

This has nothing to do with this thread, but it is so good to see that Cheeto munching cat!!!! So nice to see you, Indy!!!!  Where have you been hiding yourself?  Anyway, seeing your avatar made my morning!

[Indy]

I haven't really been online much as far as drug communities, every once in a while I check out reddit, either the opiates section or the poppytea section, and every time I'm reminded why I don't do that very often. not that there aren't some decent people there but there's a lot more kids who think they know everything, and I used to be like that so I recognize it quickly.

I realized it's been ten years since I first signed up on opiophile and wanted to see some familiar faces. glad to see there are some, still quite a few I wonder about to this day (Papa Verine and warmcyanide come to mind). I saw somebody mentioned greenfox, now THAT is a name I've not heard in a very long time. The really sad part is, while a lot of times when a member passes, they have friends or family let us know, or they knew other members IRL. but statistically there's most likely quite a few that we never heard about.

so here's to my tenth anniversary on opiophile and it's successor. to be honest, you can't go home again, but seeing familiar avatars and names means a lot. I remember you lolee, actually,  we talked a couple times at least on opiophile, must have been years ago. can't believe how long it's been...