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On 10/30/2016 at 3:05 PM, RetiredinVA said:

Reading back over your post, it appears her probation has not yet been revoked but the probation officer has moved to revoke her probation and restore her sixteen month sentence.  Probation does not have the authority to revoke her probation.  Only a judge can do that.  So you should hire a local criminal defense attorney and have him try to intercede in the revocation proceedings.  Seriously, it is not a do-it-yourself process.

 

Sadly It's not.  You're always gonna need an attorney in situations like this.  

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Well guys this has been an extremely sad situation and i would not recommend absconding from probation to any one. Granted  my wife and I enjoyed 4 months of beautiful times together hiding out ,it came to an abrupt and I'll timed end when we found out her father was in his deathbed on the east coast. I purchased her plane tickets and on the way to the airport we stopped to eat and were spotted by a probation officer. She was arrested and not only will she be going to prison but she will never see her father again before he dies.

 

 

 

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She keeps breaking down at the court proceedings as the judge is asking her if she understands what's going on.   Whats going to happen next ?  They can't get her to admit to the probation violation because she can't stop crying or even give affirmation that she understands what's going on. I'm pretty sure they are going to revoke the probation anyway and send her to prison but a mental facility is probably more like it with the way she is acting.  Here's the thing though she did not understand what she was agreeing with when they charged her with a felony.How can she be charged/convicted with the crime of arson when what she did doesn't make the definition of arson? Would a petition for a writ on these grounds be helpful? If she would of just plead not guilty then they would of had to prove malicious intent correct? Does it matter that she was not made aware of this? They convinced her that the only way to get out of jail was to admit to a FELONY! 

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They only had to prove intent, not malicious intent.  Perhaps her attorney should ask for a mental evaluation at this point. A writ might be useful, after this procedure is over, but that is not an issue that can be raised at a probation violation hearing in most states. The best thing you can do for her is get her an attorney.

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You don't plead guilty to a probation violation--you admit or deny it.  If she won't admit it, the court will have a hearing where probation only needs to show by a preponderance of the evidence that she violated the terms of her probation.  Since she was arrest on a warrant, that's easy for them to do.   It's beyond too late to do anything about the conviction itself.  She has the right to appointed counsel if she can't afford it.  It's up to her attorney to explain things to her.

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16 hours ago, Helpmywifeplease said:

Here's the thing though she did not understand what she was agreeing with when they charged her with a felony.How can she be charged/convicted with the crime of arson when what she did doesn't make the definition of arson? Would a petition for a writ on these grounds be helpful? If she would of just plead not guilty then they would of had to prove malicious intent correct? Does it matter that she was not made aware of this? They convinced her that the only way to get out of jail was to admit to a FELONY! 

When a defendant pleads guilty to a felony, the Judge does not just say "Accepted, proceed to sentencing."  Before accepting a plea the Judge questions the defendant as to whether she understands the charges, understands her right to defend herself, understands the elements of the crime and did, indeed commit the crime.  The prosecution also states the relevant facts so there is no question as to whether the crime was committed.  Usually it is after sentencing that the defendant suddenly discovers they didn't do what the agreed they did.  It is too late to enter a defense to the charge of she was convicted.

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Court must conduct, sua sponte, a competency hearing when there is information known to the court at the time of trial or plea hearing sufficient to raise doubts about a defendant’s competency. Pate v. Robinson, 383 U.S. 375, 15 L.Ed.2d 815, 86 S,Ct. 836 (1966). Court’s failure to inquire if defendant, who had been taking large doses of anti-psychotic drugs, had stopped taking medication prior to entering guilty plea raised a reasonable doubt about defendant’s competency to enter a plea. Miles v. Stainer, 108 f.3d 1109 (9th Cir. 1997).

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and what kind of suicide watch lets this happen? she could of just as easily slit her wrist! nobody would of noticed . so it was known to the courts her mental state was questionable and they let her plead guilty. she was scared of cops,jail,ect. and would of said anything to get out.

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She had an attorney and they didn't raise an issue as to her competency at the time she entered her plea.  If the attorney had a doubt, they would have said something.  She spoke with the court when she entered her plea, answered all the questions appropriately and knew the she was pleading guilty.  That she did it to get out of jail is nothing new.  A lot of people do that and later regret it.  She knew she was on probation and she knows she's in trouble now.   She knows what's going on and that meets the competency standard. 

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"[W]hy couldnt it be charged as a misdemeanor ?

 

Because it was charged as a felony and she was convicted.  Since you seem to refuse to accept the facts of the situation it doesn't seem like there is much point in continuing this discussion.

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Well she had a hearing today and there is now a more serious issue than even prison. They want to court order injections of heavy duty psychotropic drugs which are nothing short of a chemical lobotomy! Is this legal? Can she refuse? She would be better off doing the time in prison.  At least she wouldn't be subjected to brain damage. Is there some way to fight this?

 

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The judge doesn't know what to do with her and actually was inclined to let her go take care of her dying father which is one of her big stressors but it was the mental health "professional" that insist she "needs" these drugs . It was painfully clear they had other motives than her health or the safety of the public but I'm biased of course

 

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