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I was arrested in 2008 and charged with possession of a controlled

substance with intent to deliver...
I was arrested in 2008 and charged with possession of a controlled substance with intent to deliver. I was charged with a 1st degree felony and put on 5 years deferred probation. I was not arrested/charged in my home town, so I am under local supervision, along with my original PO whom I haven't heard from in 5 years. Since being on probation My life has changed for the better. I can say probation has done what it is designed to do. I have been clean since my arrest and never plan on going back to that unhealthy life style. For the past 5 years I have held the same job, and have never missed a meeting with my PO. All fees Have been paid along with all community service completed. i have met all conditions of my probation-except one! Which brings me to my problem. I was supposed to attend an AA/ NA meeting every week for the entire 5 years. I live in a small town and there is only an AA meeting, which I attended for 2 years. The meeting then decided to become a closed meeting only for Alcoholics, due to the growing number of paper signers coming to the meetings. Paper signers are people on probation who only attend the meeting to get there paper signed. During the two years that I attended the meeting, my local PO never asked for my AA sheet which proved I was attending. After the meeting closed to only alcoholics I never went back. I haven't been in to a meeting in 3 years and my local PO has never questioned me about it. Now the problem is that I will be off Probation in 3 months. My local PO has to turn everything in to my original PO where I was charged.( I assume that's how it work) I am very afraid that the AA issue is going to cause a problem. I understand this is all my fault and I should have spoke to my local PO long ago. But he didn't seem to care , or that's what I made the mistake of assuming. This wasn't the only thing he didn't seem to care about. The first year, he drug tested me each month and after that he would test me like once a year and the never. I have t been tested in nearly 2 years. Like I stated I have been clean for the entire time and plan on staying that way. But I don't want this to be an issue with my Original PO. I assume my local PO will have to send in all of my stuff to the other county, and they will question why I don't have any AA sheets or any drug test info in my folder. Unless my local PO just sends a letter saying I have completed all conditions( which would be good solve this whole problem)......Anyways after this long story I am seeking advice on this issue,Because I don't want to go to prison!!
.( I know I should have thought of that years ago but I can only deal with now!) I have a family and am attending college, so I am hoping there is a way to deal with this issue without prison being involved. Please any advice or suggestions would be greatly helpful. Thank you for taking the time to read all this and hopefully assist me with advice.
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Answered in 8 minutes by:
7/19/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

This service is limited to providing customer with general answers to the customers' legal questions and I am unable and not permitted to provide you with any type of legal advice.

Do you understand, agree and want me to proceed with my general answer?
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Customer reply replied 4 years ago
Yes Sir, I fully understand this is general information and not legal advice. .
Dear Jarrod,

Were you ordered by the court to attend weekly AA or NA meetings?

What was the main reason you stopped attending the AA meeting in your town?
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Customer reply replied 4 years ago
Yes I was ordered to attend the meetings weekly.

I don't really have a good reason or excuse why I stop attending. I wished I could say work, or religious issues but I have no excuse. Except I didn't make time to go and assumed that if my PO didn't care then it wouldn't be a problem. I procrastinated so long with this issue that next thing I knew 3 years had passed! My only hope is that my judge or PO will have a heart and hopefully see the life change that has came out of this whole ordeal!

I did hear they later reopened the meeting in my town to all people but I had missed for so long I just continued to not go. I made the bad assumption that my Local PO didn't care if I went or not. He had stated that out of all of his cases I was the least of his worries.
Dear Jarrod,

Thank you for your follow up.

Have you discussed this issue with your local PO or with a local criminal defense attorney?
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Customer reply replied 4 years ago
No I haven't discussed it with anyone. Just scared of the possible reaction. I guess I just need to suck it up and do what is right. Because it will be worse if my PO finds out last minute.
Dear Jarrod,

Thank you for your follow up.

This is indeed a serious issue and a situation that has to be addressed as soon as possible.

Basically, since you failed to comply with the court ordered attendance of the weekly AA meetings, it could techinically be considered a violation of your probation and if your probation is violated, then you would be back at where you started from as far as sentencing and could face possible prison time if your probation is violated you are re-sentenced.

Generally, it would be a good idea to consult and retain local experienced criminal defense attorney and to have this attorney evaluate your entire situation and to help you build a case as to why your probation should not be violated due to your rehabilitation and progress that you had made, as well as, the fact that your local PO had failed to properly supervise you and to properly and timely take action when you first failed to comply with the terms of your probation and stopped attending AA meetings. Also the fact that you did stay drug free and did not get into legal trouble while on probation would be a mitigating factor.

While failure to attend court ordered AA meetings could be grounds for probation violation, in most cases, as long as the person on probation did not get into any other trouble and did not use drugs, the courts could be lenient about it and might simply allow for the current probation to be completed and release you from probation or might extend the probation by a year or two and require you to attend weekly AA meetings.

I wish you the best of luck!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Verified
Alex J. Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago
Thank you very much for your time.
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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney / Criminal Law Mentor

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