Notice to new members intending to register - from January 9th 2012

ksfoxx · #1 06-18-2012, 02:38 PM

My friend violated his probation in Jan 2012 he was given a sentence of 6 months and then return to probation upon release for 3 years, so he went to prison while there he took a plea in another county(charges prior to 1st probation violation) and received 30 months, so now he is in prison and they have came back and charged him with probation violation again, has anyone ever heard of this....so they said when he took the plea he violated his probation even though it was prior offenses...

deecent · #2 06-18-2012, 03:11 PM

I have not heard of that, but I have a probation question too. My fiance did quite a few years in NY. Upon his release he transferred to Virginia. It was a legal thing, and even though they don't have probation here, they have parole officers and he had to check in with them. Well, he violated parole by committing a crime here in VA, and is doing a few years. He got a letter form NY, looks like a warrant. Can he be given more time on top of what he got for the new crime because he violated parole. Why would NY bother with him if he was transferred.

*SimplyMe123* · #3 06-18-2012, 03:12 PM

Hi there and

to PTO! I haven't heard of this before, but I don't know much about PVs. I moved your thread to the Probations, Parole, and Supervision forum where you'll get better replies.

26thncaliswag · #4 06-18-2012, 04:48 PM

Quote:

Originally Posted by ksfoxx

My friend violated his probation in Jan 2012 he was given a sentence of 6 months and then return to probation upon release for 3 years, so he went to prison while there he took a plea in another county(charges prior to 1st probation violation) and received 30 months, so now he is in prison and they have came back and charged him with probation violation again, has anyone ever heard of this....so they said when he took the plea he violated his probation even though it was prior offenses...

Who gave you the reasons for the subsequent violation. The court or your friend?

26thncaliswag · #5 06-18-2012, 04:49 PM

Quote:

Originally Posted by deecent

I have not heard of that, but I have a probation question too. My fiance did quite a few years in NY. Upon his release he transferred to Virginia. It was a legal thing, and even though they don't have probation here, they have parole officers and he had to check in with them. Well, he violated parole by committing a crime here in VA, and is doing a few years. He got a letter form NY, looks like a warrant. Can he be given more time on top of what he got for the new crime because he violated parole. Why would NY bother with him if he was transferred.

NY still maintains jurisdiction over him. Any new conviction must be dealt with in NY. VA was just doing NY a favor by monitoring him. ONce he violates, VA closes interest and he is given back to NY.

ksfoxx · #6 06-18-2012, 05:16 PM

Quote:

Originally Posted by 26thncaliswag

Who gave you the reasons for the subsequent violation. The court or your friend?

court.....

26thncaliswag · #7 06-18-2012, 05:28 PM

I don't know about every jurisdiction, but I have never heard of anyone being violated for an offense that occured prior to the one that is being monitored. Either it's an issue that his attorney should easily be able to work out or there are other reasons for violation.

CenTexLyn · #8 06-18-2012, 05:46 PM

Quote:

Originally Posted by 26thncaliswag

I don't know about every jurisdiction, but I have never heard of anyone being violated for an offense that occured prior to the one that is being monitored. Either it's an issue that his attorney should easily be able to work out or there are other reasons for violation.

concur with this...in fact, we even have controlling caselaw in Texas from close to 20 years ago to address just that specific thing (see ex parte Tony Ray Snow). If the ONLY thing is an offense that occurred prior to the conditions of probation being placed upon him, then there has been no violation of the probation. So either there is more to the story or there is a fact base that is ripe for litigation in that jurisdiction...

ETA: http://tx.findacase.com/research/wfr...0092.TX.htm/qx

deecent · #9 06-18-2012, 07:15 PM

Quote:

Originally Posted by 26thncaliswag

NY still maintains jurisdiction over him. Any new conviction must be dealt with in NY. VA was just doing NY a favor by monitoring him. ONce he violates, VA closes interest and he is given back to NY.

What will they do with him? Would he have to finish the time he had, would he have to stay in NY if he has a place and a job lined up here in VA?

VA PO · #10 06-19-2012, 05:20 AM

VA does have probation, hence why I am called a Probation and Parole Officer. Like 26th said, VA will request that NY retake him, which they will. Upon his release from NY custody, he may still have an obligation to both NY and VA. However, since VA was doing him a favor by allowing him to come here, that may not happen again, especially since he committed a crime while here. The most likely scenario is that NY will request that VA supervise him, and VA will most likely deny that request, since his only ties to VA were the once he put in place in order to come here. It doesn't sound like he had any real ties prior to that. In that case, VA will actually request NY assume our supervision. He was an NY case originally. Confusing, yes. However, this is generally what happens when someone comes to VA on Interstate Compact and commits a crime here. This happens all the time, especially with DC and MD.

deecent · #11 06-19-2012, 04:01 PM

Quote:

Originally Posted by VA PO

VA does have probation, hence why I am called a Probation and Parole Officer. Like 26th said, VA will request that NY retake him, which they will. Upon his release from NY custody, he may still have an obligation to both NY and VA. However, since VA was doing him a favor by allowing him to come here, that may not happen again, especially since he committed a crime while here. The most likely scenario is that NY will request that VA supervise him, and VA will most likely deny that request, since his only ties to VA were the once he put in place in order to come here. It doesn't sound like he had any real ties prior to that. In that case, VA will actually request NY assume our supervision. He was an NY case originally. Confusing, yes. However, this is generally what happens when someone comes to VA on Interstate Compact and commits a crime here. This happens all the time, especially with DC and MD.

Thank you so much for the information. I do know that VA notified NY of his arrest, etc. What if we were to get married? Would he then be allowed to stay in VA, I relocated to be with him and i have a home and a job. He has put my address as his release address and nothing has been said as of yet. Is there any kind of process that I can start now, to facilitate or request he be allowed to complete his parole in VA. I really appreciate your response.

thatwiz · #12 06-19-2012, 04:28 PM

Doesn't really matter much if you get married now as they will look at it as the reason he got married-to try to stay. He still would not be allowed to stay in VA.

VA PO · #13 06-20-2012, 04:52 AM

thatwiz is exactly correct. VA will take a very skeptical view of those who got married while incarcerated or under supervision in this circumstance. I can tell you that I have rejected many an interstate transfer request on just those grounds, and HQ has backed me up.

Straight · #14 06-20-2012, 08:58 AM

Quote:

Originally Posted by deecent

Thank you so much for the information. I do know that VA notified NY of his arrest, etc. What if we were to get married? Would he then be allowed to stay in VA, I relocated to be with him and i have a home and a job. He has put my address as his release address and nothing has been said as of yet. Is there any kind of process that I can start now, to facilitate or request he be allowed to complete his parole in VA. I really appreciate your response.

Just a thought... you might want to stop trying to follow him around.

It sounds like you're doing pretty good. That's a lot to throw away, especially in these times, if he's decided to keep committing crimes and going to prison.

It sounds like he might be one of the ones that has decided to make prison a part of his life. You get to make the same decision.

Best of luck

deecent · #15 06-21-2012, 07:26 PM

Quote:

Originally Posted by Straight

Just a thought... you might want to stop trying to follow him around.

It sounds like you're doing pretty good. That's a lot to throw away, especially in these times, if he's decided to keep committing crimes and going to prison.

It sounds like he might be one of the ones that has decided to make prison a part of his life. You get to make the same decision.

Best of luck

We have been planning our wedding for over a year, I just preferred to do it after his release so our friends and family could share in our joy. The judge in VA already told him he would be under supervision here. I'm gonna hold out hope that that happens. We have big plans for our life together. He has a lot of love and support, but most importantly believes in himself....thats the difference this time. I believe in him......

deecent · #16 06-25-2012, 06:22 AM

To ksfoxx

I wish you luck......it is not easy being oin the dark, not understanding the system and worrying about what will happen to your loved one. I will pray that things work out for you both.