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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27624
Experience:  Lawyer
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Our 26 year old daughter got popped 3 times in one year, all

Customer Question

our 26 year old daughter got popped for shoplifting 3 times in one year, all misdemeanors in iowa. the last offense they kept her for 94 days in county jail, i her father am self employed farmer. i said i would employ her give her free room and board and use wages to pay on fines.
today they put an ankle bracelet on her, told her she cannot go more than one mile from home residence, or in metal buildings.
well my farms are up to 8 miles away and my shop is all steel, this makes her invaluable to me. And on top of that they want to charge her 14.00 a day to stay here.
this is unfair and irrational.
what can we do
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
A person who requests house arrest instead of jail time is unfortunately required to pay administrative costs associated with that. She can seek to move her house arrest to another location if you don't want her staying with you when she's not able to work in the farms, or she can ask that they increase the radius on the ankle monitor to allow her to work somewhere out on the farm - assuming there are any non-steel places you can use her. But the state has to be able to monitor people on house arrest, so she needs the ankle bracelet and she has to follow the restrictions on it. If she's not willing or able to do that, then her option is to serve out her term in jail rather than on your farm.
If she had an attorney appointed to help her when she was arraigned, she should talk to that person. If she didn't, she may want to see if someone at the public defender's office can help her file a motion.
Customer: replied 1 year ago.
she had a 220/hr attorney and he was told we would be traveling up to a 100 miles from home' he said no problemof course now he wont reply
Customer: replied 1 year ago.
the judge agreed to her staying on the farm and said a ankle bracelet for 6 months, he never said she couldnt travel to the other farms.The probation officer set that uo
Customer: replied 1 year ago.
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Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry to hear that he's not getting back to you. If he flat out doesn't respond within a few days to phone calls, emails, or texts (replying to a text takes only a few seconds), she can try hiring someone else to help her. It could also help for your daughter to talk to the probation officer assigned to her case and see if they'll help. Maybe they didn't understand that she needs to be able to visit different areas.
She probably won't be able to get the fee waived, because that's charged to everyone on house arrest. But she might be able to get the freedom to move within the radius she needs to work, which was the purpose of her moving in with you.
Customer: replied 1 year ago.
she told the probation officer she needed to travel out of countylegal descriptions yesked for addresses. there are no addresses for farms
but i can give legal descriptions of the location
Expert:  Lucy, Esq. replied 1 year ago.
That might help. They just need to be able to verify that she's only going to places she's allowed to be.
Customer: replied 1 year ago.
we advised in advance and was never told until today she had limited parameters
she isnt a felon sex offender, violent etc
and never was house arrest mentioned
it states to supervision of parents
but i also need her to run for parts etc
i cannot afford to pay her to sit in the house and it also isnt healthy for her
she served 93 days
Customer: replied 1 year ago.
judge never mentioned one word of house arresthe said continuation of probation is all with bracelet
Customer: replied 1 year ago.
we took that to mean she could work n travel in the surrounding counties as long as she was home at 10
;00 pm as before
would talking to the judge help
Customer: replied 1 year ago.
be back in 5 minutes
Customer: replied 1 year ago.
house arrest was never mentioned everi just looked at court orders released to parental supervision no probation revocation
Customer: replied 1 year ago.
she had street probation
Expert:  Lucy, Esq. replied 1 year ago.
Then her option is to tell the judge that she's rejecting the terms of her release and would like to go back to jail. The judge has a lot of discretion in setting the terms of supervised release, and everything you've said is standard. There isn't any basis for seeking to get the ankle monitor removed. So her only options are to request a change to the parameters, accept the restrictions the judge placed, or go back to jail.
I'm sorry. I wish I could tell you something otherwise. But there's nothing illegal in anything you've told me. Released to parents WITH an ankle monitor is absolutely legal.
Customer: replied 1 year ago.
the judge did not set the parameters of the bracelet
we are not asking to have it removed
the probation officer changed the terms herself
the judge has no clue what she is doingit is her attorneys job to follow up on this, we are not trying to modify anything from what we set forth in court
the probation officer isshe doesnt even know what a farm is
that isnt her area
Expert:  Lucy, Esq. replied 1 year ago.
Then that goes back to what I said originally - the option is to file a motion asking the judge to help.
You're right that it is her attorney's job to follow up. If he's not doing that, again, she has a right to fire him and hire someone else. But it's usually better to try to have a conversation first about what the problems are and why he's been non-responsive, in case he's just on vacation or preparing for a trial or something. That's why email or a text can help because people sometimes respond when they don't have time for a long conversation.
Customer: replied 1 year ago.
she wasnt on house arrest before and it says no probation revocation . only thing is ankle bracelet, we can live with that.i have to haul her 20 miles to the probation twice a week but i cannot stop and do my own errands
i guess go to jail and let the state take care of her
so much for her parents trying to accomodate both sides
Customer: replied 1 year ago.
okthat is my point. i sent him a text
i will send another late afternoon, i do not hound people
thank you
Expert:  Lucy, Esq. replied 1 year ago.
I hope there's some way her lawyer can work out a better solution than her going back to jail. I know the restrictions on house arrest can be frustrating for everyone.
If he's not talking to you, it's possible he'll respond to her. Legally, he doesn't have any obligation to talk to you about your daughter's case.
Good luck.
Customer: replied 1 year ago.
the attorney called
IT IS NOT HOUSE ARREST. HE READ THE ORDER TO US
The probation officer added all this. The probation officer added this on her own. The attorney says she is violating the law but we have to wait a week. when daughter has her next probation meeting because probation officer wont return his calls
its all bs
plus they want 14.00 a day for her to stay here.but she cant work because of the restrictions
Customer: replied 1 year ago.
we are spinning our wheels and going no where and it is costing money and she cannot work on the farm like was agreed to. Can the attorney contact the judge
Expert:  Lucy, Esq. replied 1 year ago.
I'm sorry to hear that the probation officer isn't following the order.
The lawyer can file a motion today, yes. He's not allowed to contact the judge directly. The judge can't even talk to him about the case without the prosecutor present.

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