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Old 05-11-2019, 12:12 PM
Milo137 Milo137 is offline
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Default 4th misdemeanor in less than 3 years .

I need some help . Iím from California and recently I just violated my probation with a new case. My first offense was misd vandalism. 2nd was for bringing coke into a jail cell . I wasnít properly searched. It was dropped to misdemeanor . 3rd was misdemeanor hit and run on my neighbors car. Iíve been on 3 years probation the entire time. Iíve completed all diversion , anger management , aaís That Iíve been asked to do. I just got a drunk in public and the judge threatensed me with jail last time I saw her . My probation had always been reinstated with additional classes . I had been doing great between the last two cases. Got a job after not being able to hold one for two years. Stayed sober until my drunk in public . Iím entering a sober living next week. The manager from the house is coming to my court date as well. Iím just scared. I suffer from anxiety/panic disorder and high blood pressure .i donít do well in jail . The previous times I was in county Iíve had my meds denied . Had panic attackís every day, blood pressure skyrocketed . These stints were only for 1-3 weeks at a time.

My question is what is my most likely outcome . If she throws the book at me what am I looking at. I briefly talked to a public defender and she told me not to worry too much she couldnít see them giving me that much time. The managers at the sober living are saying I may get like 9 months in county if any. My therapist is going to write a letter on my character and she may even go to court with me as well. Iím currently doing a diversion type program for court and they said donít worry , your doing good we will write you a good letter. This judge is super strict however . Iím just anxious. My court date is in early June. Any advice , help , similar stories would be much appreciated.
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Old 05-11-2019, 08:33 PM
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Any county I'm familiar with here in Kentucky would not have given you that many bites at the apple. I can't speak for Cali, so I'll move your thread to the Cali forum.

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Old 05-11-2019, 10:06 PM
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Instead of trying to beat the system so much. Why don't you try to get out of it. You claim you are doing this program seeing a therapist yet you are still screwing up. Keep up your track record you will see jail for a while.
Get serious with getting clean and staying clean. You can not beat the system. The system will slowly absorb you in it. You may think it all and funny now, but you are headed down that road of self destruction.
I rode the road of addiction thought I was slick could beat the system. Well after three trips to the joint and being a addict some 25+ years I finally got tired of being sick and tired. I had to admit to myself first I wanted change and need help. Its hard but it can be done. When you decide you have had enough.
I have been out of prison 20 years , clean the last 15 years. Yes I struggle at times staying clean. It is worth it. Give it a try!
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Old 05-12-2019, 12:31 AM
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Default You are right

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Originally Posted by patchouli View Post
Any county I'm familiar with here in Kentucky would not have given you that many bites at the apple. I can't speak for Cali, so I'll move your thread to the Cali forum.

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I have been given too many chances. You are totally right. I just wanted to know how much tine I could face for 4 misdemeanors and breaking 3 year probation.
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Old 05-12-2019, 12:50 AM
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Default I needed to hear this

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Originally Posted by Patrickj View Post
Instead of trying to beat the system so much. Why don't you try to get out of it. You claim you are doing this program seeing a therapist yet you are still screwing up. Keep up your track record you will see jail for a while.
Get serious with getting clean and staying clean. You can not beat the system. The system will slowly absorb you in it. You may think it all and funny now, but you are headed down that road of self destruction.
I rode the road of addiction thought I was slick could beat the system. Well after three trips to the joint and being a addict some 25+ years I finally got tired of being sick and tired. I had to admit to myself first I wanted change and need help. Its hard but it can be done. When you decide you have had enough.
I have been out of prison 20 years , clean the last 15 years. Yes I struggle at times staying clean. It is worth it. Give it a try!

My whole thing is do I really want to change or is it the jail time looming over my head. I had been in and out psych wards for the last 3 years because of my panic attacks which is why I started drinking to numb those horrible feelings. Iím finally stable for the first time mentally. Now Iím afraid of losing that progress because of the stress of jail. I thought I could handle my alcoholism on my own . I canít . If I have to do the time so be it. I m just scared my meds wonít be given to me and Iíll die because of it. L.A county jail isnít just punishment , sometimes itís torture and neglect . I have had enough. Iíve felt good being sober . I just had a stressful day and relapsed. My longest sober stint was because of sober living and a good loving support system. You donít get that in Jail. I guess my main question was really worst comes to worst how long will I get for a 4th misdemeanors on 3 year probation violation. I donít know what my suspended sentence even is. I just want to prepare for the worst. My sponsor told me today that sometimes it takes stuff like this happening to finally make you want to change. Anyways thank you. I do want to be sober even more I want to be mentally stable. Sometimes I just have resentments that the world punishes and tortures more than it wants to rehabilitate .
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Old 05-12-2019, 09:19 AM
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I know someone who had a dui, did his like one day jail and 3 yrs informal probation.
Then got a DIP. Another 3 yrs informal probation. He got violated for drinking yet again, getting arrested and had to do 90 days, 90 meetings probation continued. I dont think any further jail time was involved but if he had not done the meetings Im pretty sure the judge would have given him more jail time.

This time the meetings stuck better. He just got off probation.


So in your case its hard to say. Please continue to reach out to your sponsor, therapist and sober friends. Try not to obsess over what jail time you may get. Whatevers gonna happen will happen whether you freak out or you dont. So try not to stress, overthink it.
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Old 05-13-2019, 11:25 AM
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I Googled CA Probation Violation which appears to read much like Illinois probation. Since you have 3 years of probation that would be the amount of time the Judge can give you in county or prison depending on CA statutes. Now lets be serious here for a minute, I am pretty sure your county jail is full as well as the prison system. The judge dos not want to send you there to pay for your medical, dental, food and shelter for three years for a drunk in public. The thing you need to understand that if your 3 year probation is revoked after say 2 years and 6 months you do NOT get credit for that time off the sentence of 3 years. Clean up your act and keep up on your mental health. You can do this. I do have a couple questions for you...what is your age and how long have you been on probation?
Lastly, you are on the right track taking your recovery support people to court with you and any other sober peers to help plead for leginetcy.

Take Care and Wishing you the Best!
Chris

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Old 05-13-2019, 05:37 PM
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Quote:
Originally Posted by chris idoc View Post
I Googled CA Probation Violation which appears to read much like Illinois probation. Since you have 3 years of probation that would be the amount of time the Judge can give you in county or prison depending on CA statutes. Now lets be serious here for a minute, I am pretty sure your county jail is full as well as the prison system. The judge dos not want to send you there to pay for your medical, dental, food and shelter for three years for a drunk in public. The thing you need to understand that if your 3 year probation is revoked after say 2 years and 6 months you do NOT get credit for that time off the sentence of 3 years. Clean up your act and keep up on your mental health. You can do this. I do have a couple questions for you...what is your age and how long have you been on probation?
Lastly, you are on the right track taking your recovery support people to court with you and any other sober peers to help plead for leginetcy.

Take Care and Wishing you the Best!
Chris
Iím 32 Iíve been on probation for about 2 years . Itís gotten reinstated when I have gotten a new case. All my problems started at age 27 when my anxiety/panic attacks got so bad I turned to drinking. Thanks for the feedback and support. I just really want to be allowed to do inpatient rehab or stay in sober living. As of right now my panic attacks have returned because of this case. I was a fool to think I could handle it on my own after a few months of sobriety . I realize now that AA and therapy will have to be a part of my life forever.
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Old 05-13-2019, 06:16 PM
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Quote:
Originally Posted by Milo137 View Post
I need some help . I’m from California and recently I just violated my probation with a new case. My first offense was misd vandalism. 2nd was for bringing coke into a jail cell . I wasn’t properly searched. It was dropped to misdemeanor . 3rd was misdemeanor hit and run on my neighbors car. I’ve been on 3 years probation the entire time. I’ve completed all diversion , anger management , aa’s That I’ve been asked to do. I just got a drunk in public and the judge threatensed me with jail last time I saw her . My probation had always been reinstated with additional classes . I had been doing great between the last two cases. Got a job after not being able to hold one for two years. Stayed sober until my drunk in public . I’m entering a sober living next week. The manager from the house is coming to my court date as well. I’m just scared. I suffer from anxiety/panic disorder and high blood pressure .i don’t do well in jail . The previous times I was in county I’ve had my meds denied . Had panic attack’s every day, blood pressure skyrocketed . These stints were only for 1-3 weeks at a time.

My question is what is my most likely outcome . If she throws the book at me what am I looking at. I briefly talked to a public defender and she told me not to worry too much she couldn’t see them giving me that much time. The managers at the sober living are saying I may get like 9 months in county if any. My therapist is going to write a letter on my character and she may even go to court with me as well. I’m currently doing a diversion type program for court and they said don’t worry , your doing good we will write you a good letter. This judge is super strict however . I’m just anxious. My court date is in early June. Any advice , help , similar stories would be much appreciated.

Max sentence on a misdemeanor is 365 days. Half that for behavior. And probably more than half due to overcrowding (but it depends on the County.) And that's the MAX they can give on a misdemeanor. That doesn't mean you're going to get it. If your PD is right, then 9 months, half time is 4 1/2, and again....overcrowding. Could be a fraction of it. I have heard of situations in Los Angeles County where people sentenced to 6 months are getting out in a matter of a week or two.

(And no, you will not do a max of 3 years on misdemeanor probation. If you were dealing with a felony then there would be additional issues, but if your information here is all accurate that is not the case. Just wanted to take that worry off your head.)

The fact that you are currently in a diversion program and seeing a therapist, while it doesn't guarantee a better outcome, improves your chances. Use ALL resources available to you, be contrite and polite with the judge, be willing to acknowledge your faults. Even in a worst-case, the amount of jail time you'd be doing will probably not be THAT much. And given the information you've provided here, again, NO guarantee, but your odds of getting leniency and possibly even reinstatement of probation and maybe just a fine or community service or something are high.


Good luck to you. It sounds like you've had some struggles to stay on the right path, but that you are making efforts. Sobriety is its own struggle. I commend your efforts, even if you haven't attained perfection in those. Keep putting in that effort. Ultimately, you have to want it, but it sounds to me like at least on some levels the need to change is clicking in your head.


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