Topic: Base-case scenario
April 22, 2019 / By Antonette Question:
In two days im sentenced to felony probation. In 18 mnths its dropped to misdameanor. I signed already. Plea in two days. Was falsely arrested in az. All defendants. Three exact. Are all stating i wasnt there. Nor involved. Nobody spoke to police but they are willing to tell judge that i wasnt. Shukd i inform my lawyer? Or ride it out? And is it most likely going to be violation? I cant risk jail time. Have. Daughter. Wife. And one on way to think about. I have stable job and house. .. Any thoughts? Advice. Answers?
Zack | 10 days ago
Why on earth would you come on yahoo looking for legal advice from non-attorneys. Of course you should speak to your attorney. I do so pity your children.
Wow so much for changing your life once you got probation...Why on earth would you continue to misbehave? Was being arrested and going through the criminal system not enough to teach you a lesson? Now you get to go to jail. NOW you suddenly give a rat's bottom about your wife and kids?
Nobody talked to the police? You're taking the fall.. They can't "talk to the judge" in a criminal trial.. they have to be called as witnesses.... sheesh I hope you're not as unintelligent as your post makes you sound. Don't be surprised if your plea deal is rejected based on your new arrest and you get to have not one but TWO trials.
Without an Attorney you can count of probation violation and jail time. Yes seek out a Lawyer and your witnesses to prove your innocence
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1. talk to your lawyer ASAP and be 100% HONEST AND UP FRONT WITH HIM/HER
2. get the other three people to go to the police department andfill out WRITTEN STATEMENTS DOCUMENTED on file, and get a copy sent to your lawyer
3. get the official police report from the police department.
4. are you SURE the other three people didnt flip and just turn all of the heat on you/blame you?
5. your lawyer SHOULD bring up the stuff about your family and job and economy and everything and ask that after everything is done, that this offense is erased from your record because down the line it will cause ALOT of trouble regarding your children and family and what not, and could prevent you from securing a job if you should for whatever reason be laid off due to the economy.
6. Look up the laws yourself, and do your own research i swear lawyers are useless 90% of the time. I got a drinking ticket in college, and BY MYSELF researched the state statute and found out that my fine had been illegal, and even my LAWYER didnt realize that it was wrong even after i showed him the law... my ticket got dropped because of this lol. and i got a job offer to work for the city lol
7. You need to start to change your habits and the people u surround yourself with. If you are married with a child and one on the way, you need to put their lives before yours. It WILL be difficult to change your habits/life/friends/lifestyle, but in order to give your children everything they deserve, its necessary... You dont want to deprive them of a life growing up with both their mother AND their father... trust me, you would regret not being there because of dumb mistakes you had made... (Im not looking down or talking down to you AT ALL, because everyone makes mistakes in life, and at some point, people do get in trouble with the law, but as much as it sucks, the people who are REALLY going to be affected by it are our loved ones, and our children... its just sumthing to think about... but only you can make that decision to change/ get help/ living a less... illegal life... and its no one elses decision but your own.
8. Dress up nicely, and have your family come with you to court if/when u need to go before the judge...
9. TRY YOUR HARDEST TO GET IT LOWERED TO A MIST. right away... Even if it means that ull have to be on probation for longer... offer to take courses, see a councilor, community service, or ANYTHING ELSE that you may be able to do in order to get the felony dropped COMPLETELY!
10. Good luck, Probation does suck, you feel like a little child again with your PO being your strict parent, always remember to arrive to your PO visits at LEAST 5 mins. early, DO NOT MISS A VISIT EVER!! n if you DO have to miss one, CALL IN ADVANCE AND RESCHEDULE RIGHT AWAY WHILE YOUR ON THE PHONE SO YOU DONT END UP GETTING ANY WARRANTS! Be polite, respectful. kind, and on your BEST BEHAVIOR when you are with your PO. Do not fail a drug test if they give u them, which they may surprise you n just show up at your house, or they may just surprise you at a visit... just... good luck. it sucks but its not impossible, and think of it this way, you at least get to be there for your children
11. OH and btw... if no one spoke to the cops and 3 ppl say u werent there or involved, and you have an alibi, i am PRETTY SURE the cops cant accuse you of anything because they cannot prove that you were 100% without a doubt guilty and involved in whatever crime u are being falsely accused of... im pretty sure at least, but its sumthing you will need to speak to your lawyer about... and tell him/her that you NEED him to talk to the police and convince them that u got arrested for a crime that u didnt commit... and otherwise, the only thing you will be able to do is actually go to court and leave your fate up to a jury... which is risky, and usually not advised unless you ARE 100% innocent, or only if you are SURE that the police will NEVER be able to pin u at the crime scene and have the jury convinced that it WAS you 100% without a doubt hands down... lol
Well i hope this helped mate! good luck i really hope just US justice system doesnt bend u over the table like its done to soo many people before you... I really hope that (if you ARE INNOCENT) that everything works out so your children can grow up with their daddy being there with them and their mother... and mostly... i hope that after all of this you learn that you need to reevaluate your priorities in life and that u see that, you REALLY need to be careful of your actions, because you could lose your family/time spent with your family if you keep chosing to make bad choices...
Hope this helps! and again, GOOD LUCK!