Probation with Prejudice
Every now and then in life “Shit Happens”, we make decisions and choices that are not always the best. Some get away with it, others get caught and yet there are others that through no fault of their own are punished because of who they may know, who they are related to or just being in the wrong place at the wrong time. Some must suffer the consequences of their actions while others must suffer the punishment of prejudice.
Prejudice is alive and well in this Country and continues to grow. The only difference between now and 50 years ago is it has changed hands. It used to be between various ‘races’, now it has become prejudice between ‘Us and Them’ meaning Citizens and Government. It no longer matters if you are/were a law abiding citizen, once ‘they’ (the powers that be) decide to set you in their sites, you have no chance – you will be under their power one way or another.
A friend of mine found this out the hard way.
She was a law abiding citizen, with only ever having 1 speeding ticket (2 miles over the limit), her husband thought it would be fun to flip off a police officer while she was driving. The officer freely admitted the reason she got the ticket was her husband’s lack respect of the law by giving the ‘one fingered salute’. She was furious at him, not for getting her the ticket but for his lack of respect. She and I have shared the same outlook on the law, they are just doing their job, and giving them a hard time does no one any good. Apparently times have changed or maybe we have gotten older and wiser seeing many injustices over the years.
About 18 months ago the police came knocking at her door with a warrant for her arrest. It was on a Friday evening during a Holiday weekend, meaning Monday the Court houses were closed. During this time her husband and brother were also arrested, her husband’s was an outstanding seatbelt ticket, her brother was claimed to owe child support. Her brother had cash on him and managed to bond out both himself and her husband. The police refused to tell anyone what her bond was as well as the charges against her. They said everyone could find out on Tuesday at the arraignment.
My friend has had 9 spinal surgeries and has many restrictions, when the arresting officer was told this he made certain to use the ‘chicken wing’ hold on her (her hands were cuffed behind her back and then her arms were brought up high to cause a great deal of pain) as if she were going to “make a run for it”. She was taken to jail.
After many different court dates along with the Prosecution refusing to try the case and handing it off to various counties, she had her day in Court in front of the Circuit County Judge. The original charges were called Insurance Fraud. The claim was she said she was driving when she wasn’t, an accident was involved (1 vehicle and a tree) on ice, less than $5,000 worth of damage. It was not the Insurance Company who brought charges; it was the Prosecutor’s office. Since there were only 2 people who knew what happened it became a matter of ‘he said, she said’, still charges were filed and pursued.
In witnessing another case within this County where a trial was sought and lost, the defendant suffered the maximum sentence allowed by law because he sought a trial, my friend decided to ‘get it over with’ a take a plea deal. We still aren’t certain to what she plead ‘no contest’ too, we read the law and nothing seemed to apply, but it was done nonetheless. Because she had been on a $10,000 bond for more than 14 months the Judge determined that there would be no jail time, she was given a deferred sentence, with a Court Date less than 3 months away. Her Attorney and everyone else involved understood it to mean that should she not get into any more trouble within that time span she would be free to go. She was required to meet with a Probation Officer one time. This was witnessed by myself.
At the allotted date and time she met with her Probation Officer, this is when all hell broke loose and ‘they’ (the powers that be) showed their true colors. Probation with Prejudice ensues.
There are varying degrees of probation that one can be on. Generally speaking if you are not a trouble maker, have never been in trouble with the law your probation is fairly easy, depending on the crime you have been convicted of. Occasionally the Probation Officer is going to set you up for failure; this is one of those times. When you hear one thing from a Judge and another from your Probation Officer – which one do you believe?
She was not meant to be on Probation yet her Probation Officer is claiming 18 months. After visiting with the Officer of the Court and being flabbergasted at the requirements that are being requested of her she contacted her Attorney. His response? Those people in that County are nuts!! He also requested she get him a copy of the Court Transcripts. For 20 minutes before the Judge the cost was $25.00. The requested transcripts are still being processed and are not available as of this writing.
Not only is she on Circuit Court Parole (Not sure where that came from since it was a Misdemeanor charge) she must pay her Probation Officer. Now we will show the list of requirements:
She must give the names and addresses and contact information of all her living relatives.
She must provide a list of all her assets.
She must provide proof of completion of High School (even though she is 45).
She must provide proof of income (even though she is unable to work).
She must provide documentation describing her home ie; how many bedrooms, bathrooms, property size as well as current market value.
She must take mandatory drug and alcohol counseling (even though she has never been charged or accused of anything to do with drugs).
She must take Anger Management classes.
She must provide contact information of her ex-husband, whom she divorced because he was violent.
She cannot leave the State.
Certain relatives cannot be contacted for 15 years.
At any time her Probation Officer can come to inspect her home.
Restitution is to be determined by the Detective who threatened the ‘other party’ when charges were first filed, who was also at the time underage and was denied an adult present when questioned.
Is this Probation with Prejudice? When my friend walked in the door for the first time the question that was posed to her was “You are ‘so-n-so’s Aunt”? When my friend replied in the affirmative is when the ‘law’ was laid down for her. When she explained what the Judge had stated the Probation Officer said “That is not my understanding”.
As I explained to my friend she is on Probation with Prejudice, she must jump through the hoops they provide to get out unscathed. Since it is taking so long to get the Transcripts from the Court, my friend may have her visit with the Judge before her Attorney can review them. Should she balk the system even the slightest, her Probation Officer will go to Court and under oath testify that my friend has not been cooperative and will without a doubt recommend jail time be served. Why? Because they can.
Update: After almost 2 years of dealing with the courts everything was dropped. Just like it didn't happen. According to the paperwork her bond should have been refunded almost 1 year prior, but because the case was dropped they had to dig to find the bond release. It was absolutely insane the hoops she had to jump through and the cost of Attorney fees. Again - they did it because they can.
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