Legal Question in Criminal Law in California

Raenelle Marsh
June 19, 2012
March 29, 2012 violation of probation
Failure to appear at PO appointment. The last time I went to see my PO was early March, 2012. A substitute PO saw me she gave me a business card and on the back of that card she wrote down the time and date of my next meeting. I glanced at the date and I remembered it to be April 4th maybe. On March 29, 2012 I listened to a voicemail from the probation department asking me if I was going to make my appt by 5pm? I just got my phone back from my daughter it was already after 5pm. The judge told me at my last violation of probation hearing that the next time I violate probation I will go to jail. I knew by not showing up to my appt was a violation of probation. I looked for that business card everywhere. I knew I put it in my wallet but it wasn�t there.
I have a 13 year old daughter who lives with me and I was thinking that if i go to jail what�s going to happen to Tiffany? I have no relatives in California only my husband and my 5 kids. My husband doesn�t live in a very safe place for children as a matter of fact I�m afraid if I allow her to live with her dad she might end up in Orangewood. I started calling programs like Collette�s House every week, no availability. I didn�t know what to do, I thought of calling my PO on Friday but then I was worried that she would want me to come in and then arrest me. I thought if only I could find that card I could show her that my appt was in April, 2012 and I planned to be there. I decided I better find a place for my daughter to live ASAP.
Then our landlord kicked my daughter out of our room, the next day my daughter got kicked out of school, my 18yr old son poured his hot oatmeal on my back during an argument we were having, I found out that my oldest son who was hanging onto $1100 of mine, spent it, and the elderly lady I was working for fell and we took her to the hospital, they kept her, now I�m laid off, too, my landlord told me that she isn�t going to give me any money back for the deposit and half a months rent.

So now I violated probation, cant find that business card, no money to rent a room, no job for now, have to move all my stuff out, have to enroll into another counseling program because Hope Couonseling terminated me, need to find a safe place for Tiffany, need to go to NA/AA and get a sponser, I soon found myself homeless, hopeless and depressed. I relapsed. I moved Tiffany in with her dad, enrolled her into school, and tried to find a program that would take me and Tiffany, no luck. Then I found that business card it was in my wallet only the business card didn�t have my PO�s name on it, It had another PO�s name on it which is why I couldn�t find it. My appointment with my PO was April 2, 2012. I have a sponsor now, too!
Now I�m ready to call my PO. I wanted to be in a program first so that I don�t have to tell her that I�m homeless. Some friends told me that if I go to Detox at the Roque Center they just might get me into a program and write a letter to my judge. I didn�t want to be high any more either. So, I went to Detox only they didn�t write me a letter or help me find a program. They did call my PO and left a message that I was there. The Roque Center told me to go take care of my warrant first then they will help me get into a program. So I called my PO only she wasn�t there another PO answered the phone she told me that my PO�s case load went to her and she would have been my PO: however, I have a warrant and as of now I didn�t have a PO until I took care of my warrant first.
I told the PO that I planned on going to court Monday, June 11, 2012. However, I didn�t go to court yet. I have a lawsuit against my last employer and my lawyers need me to talk to my employers lawyers this Thursday, June 21, 2012. I plan on going to court the next day, Friday, June 22, 2012.
I saw that I had a hearing for my probation violation and I didn�t show cause I didn�t know so my bench warrant could also be for not appearing to court.
Do you think I can fight my VOP and win?
Thank you,
Raenelle Marsh

Asked on 6/19/12, 12:13 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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OF course you can fight. There is never a guarantee of winning.

You now have a warrant. To properly handle it, you must turn yourself into the issuing court, with or without an attorney, and try to negotiate a recall of the warrant[s] and a plea bargain on the new �Failure to Appear� charge. You�ll try to negotiate bail reduction or OR release. You�ll then try to negotiate a plea bargain or take to trial the outstanding PV charge that caused the warrant. On felony charges, the defendant must be personally present at every court hearing and appearance. On misdemeanors and infractions, your attorney can appear in court without the defendant being present. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly enable you to get your probation and programs reinstated. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Answered on 6/19/12, 1:13 pm

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