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I was convicted of a felony (3rd degree) a couple of years ago. The very
same act in a number of other states would be a misdemeanor--period. I was
not jailed but put on probation. The conviction has meant an end to my
livelihood. I lost my job, my home, my cars, and my savings account.
I have given up the struggle of living as a felon and have not made a single
payment to the probation office in over a year and I have no desire to do
so. I have not done any community service and I have not paid the imposed
fines. I've failed to report my whereabouts to the probation officer but I
eventually call or stop in and get yelled at a bit and tell them that I've
been living with friends here or there. While on probation, I was arrested
for an unpaid traffic warrant and served time. I'd like to do the same with
community service and all pending fines.
I've asked for jail time in lieu of probation but I'm simply told that I was
given probation and not jail. I've asked to speak to the judge about
getting this over with but he will not see me. I'd really like to negotiate
time in jail and get the probation, community service, and fines done away
with so that I can move on. What can be done to get this over with quickly?
Compliance is not an option. Please advise.
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I was convicted of a felony (3rd degree) a couple of years ago. The very
same act in a number of other states would be a misdemeanor--period. I
was
not jailed but put on probation. The conviction has meant an end to my
livelihood. I lost my job, my home, my cars, and my savings account.
I have given up the struggle of living as a felon and have not made a
single
payment to the probation office in over a year and I have no desire to do
so. I have not done any community service and I have not paid the imposed
fines. I've failed to report my whereabouts to the probation officer but
I
eventually call or stop in and get yelled at a bit and tell them that I've
been living with friends here or there. While on probation, I was
arrested
for an unpaid traffic warrant and served time. I'd like to do the same
with
community service and all pending fines.
I've asked for jail time in lieu of probation but I'm simply told that I
was
given probation and not jail. I've asked to speak to the judge about
getting this over with but he will not see me. I'd really like to
negotiate
time in jail and get the probation, community service, and fines done away
with so that I can move on. What can be done to get this over with
quickly?
Compliance is not an option. Please advise.
I'm not a lawyer, but I am experienced in pro se representation of myself in
corrupted status quo courts.
Initially, all I can tell you at this time is you have not included the
necessary information in your post to even enable me to conduct effective
legal research in search of the remedy you seek.
1.) Are you still on probation at this time, and if so, how close are you to
completing it?
2.) What was the length in years or months of the probation imposed?
3.) What state sentenced you to probation?
That being said, I would ask you why you consider incarceration to be
preferable to community service? However, such a preference is strictly your
business, so there is no reason to respond on this issue.
I do feel it important to inform you that if you are still on probation the
issues are a little more complicated than simply laying out some fines and
court costs in the county jail. In most jurisdictions revocation of a
probated sentence on a felony matter would result in you being sentenced to
the state penitentiary for the full duration of the sentence. In other
words, if you were given three years probation, you would be sentence to
three years in prison, no matter if you had completed two years, eleven
months, and twnty-nine days of probation before it was revoked. And count on
all fines and court costs being in effect upon your discharge from state
custody.
It would be a different matter altogether if you have completed your
probation. It would be my thought that any orders of the court concerning
community service w tohegeld be unenforcable. Of course fines and court
costs are always enforcable by incarceration at so much credit per day for
refusal or neglect to pay.
Taking all the above factors into consideration is necessary to make a
minimally informed decision as to how you may best resolve your legal
problems.
As for the judge refusing to see you, that should be simple enough to solve.
Write a letter to the judge and caption it with the case number of the
criminal case you were sentenced upon, and file it in the court clerks
office.
And if all else fails, don't despair. Another felony case could not fail to
get the attention of the judge so that he will insist that you appear before
him.
Dane
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1.) Are you still on probation at this time, and if so, how close are you
to
completing it?
About 7 1/2 more years.
2.) What was the length in years or months of the probation imposed?
10 years.
3.) What state sentenced you to probation?
Texas.
That being said, I would ask you why you consider incarceration to be
preferable to community service? However, such a preference is strictly
your
business, so there is no reason to respond on this issue.
It would be easier on me. As things stand, I have no transportation, no
income, clothes... Working at this point would really be too difficult and
pointless.
I do feel it important to inform you that if you are still on probation
the
issues are a little more complicated than simply laying out some fines and
court costs in the county jail. In most jurisdictions revocation of a
probated sentence on a felony matter would result in you being sentenced
to
the state penitentiary for the full duration of the sentence.
Maybe the sentence can be shortened i.e. 1-3 years + current time (almost 2
years)? This would be my ideal situation.
In other
words, if you were given three years probation, you would be sentence to
three years in prison, no matter if you had completed two years, eleven
months, and twnty-nine days of probation before it was revoked. And count
on
all fines and court costs being in effect upon your discharge from state
custody.
When I was arrested on traffic tickets recently, I specifically asked the
judge that I wanted to serve the full sentence in jail as payment in full.
My fine of $432 or so was reduced to $75. Since I had spent that night in
jail, time was served. Zero balance. I'd like the same to apply to fines
and community service.
It would be a different matter altogether if you have completed your
probation. It would be my thought that any orders of the court concerning
community service w tohegeld be unenforcable. Of course fines and court
costs are always enforcable by incarceration at so much credit per day for
refusal or neglect to pay.
Yes, I'd like to be credited per day. I'm tired of hanging around here and
there.
Taking all the above factors into consideration is necessary to make a
minimally informed decision as to how you may best resolve your legal
problems.
As for the judge refusing to see you, that should be simple enough to
solve.
Write a letter to the judge and caption it with the case number of the
criminal case you were sentenced upon, and file it in the court clerks
office.
And if all else fails, don't despair. Another felony case could not fail
to
get the attention of the judge so that he will insist that you appear
before
him.
Another felony case is not an option as I am not a criminal.
Respectfully,
Indigent Guy
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Dane,
By the way, I know two different individuals who has been sentenced in
Texas. One got a 2 year probation sentence in 2001. He never made
payments, got pissed off at his probation officer and demanded to serve his
time in prison (so he claims). He was sentenced to 8 months in prison. He
was discharged after his release and didn't have to pay a cent.
Another more recent friend was sentenced to 10 years in prison and served 5
years before being released on parole. He totally violated and went missing
for a few years until he was involved in a bad auto accident that left him
just about crippled. He called the probation office and was told that his
case had been discharged. Today, he is a pan handler with a severe limp and
although an alcoholic, has no troubles with the law.
Doesn't the judge have the power to modify his assesed sentence? Like I
said, I'm looking for a way to get this over with as quickly as possible and
probation is simply not working out. Some people are great candidates while
others arn't.
Respectfully,
Indigent Guy
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Dane,
By the way, I know two different individuals who has been sentenced in
Texas. One got a 2 year probation sentence in 2001. He never made
payments, got pissed off at his probation officer and demanded to serve
his
time in prison (so he claims). He was sentenced to 8 months in prison.
He
was discharged after his release and didn't have to pay a cent.
Another more recent friend was sentenced to 10 years in prison and served
5
years before being released on parole. He totally violated and went
missing
for a few years until he was involved in a bad auto accident that left him
just about crippled. He called the probation office and was told that his
case had been discharged. Today, he is a pan handler with a severe limp
and
although an alcoholic, has no troubles with the law.
Doesn't the judge have the power to modify his assesed sentence? Like I
said, I'm looking for a way to get this over with as quickly as possible
and
probation is simply not working out. Some people are great candidates
while
others arn't.
Respectfully,
Indigent Guy
First, understand I am not an attorney, so I am [technically] not allowed to
offer you advice.
But, now that the disclaimer is out of the way, I was able to dig up some
relevant information for you in a superficial research conducted online.
This should give you a basis for determining what legal strategy might be
iin your best interests concerning the the conditions imposed upon you by
your judgement and sentence.
____________________________________________
*** According to the Court of Criminal Appeals of Texas opinion filed
December 10, 2003 in the matter of McClinton v. State, Number 587-01:
" In some instances the trial court has express statutory authorization to
modify a sentence which has been previously imposed. For example, under
article 42.12, 6, of the Code of Criminal Procedure the trial court has
continuing jurisdiction in a felony case to modify or reform his original
sentence of imprisonment and place a defendant on community supervision
under certain specified circumstances."
*** However, take note of the following two paragraphs also extracted from
this opinion.
"18. The State relies upon a long line of cases from this Court which has
held that any attempt to reform or modify a defendant's sentence after he
has suffered punishment under the sentence originally imposed is "null and
void." See, e.g., Ex parte Reynolds, 462 S.W.2d 605, 608 (Tex. Crim. App.
1970) (holding that "it was beyond the power of the court ... to add a
cumulation order onto the last sentence imposed after the petitioner had
suffered punishment under the sentence originally imposed"); Ex parte Brown,
477 S.W.2d 552, 554 (Tex. Crim. App. 1972) (trial court's resentencing order
making sentences cumulative entered after defendant had been imprisoned for
two months was invalid; "[s]uch a belated attempt at altering the terms of a
defendant's sentence [is] null and void of effect"); Blackwell v. State, 510
S.W.2d 952, 956 (Tex. Crim. App. 1974); Williams v. State, 170 S.W.2d 482,
486 (Tex. Crim. App. 1943); Powell v. State, 62 S.W.2d 712, 713 (Tex. Crim.
App. 1933).
"These cases all deal with an increase in punishment, not a decrease. Should
that same rule, originally based upon due process and double jeopardy
considerations, apply equally to a downward modification of sentence? Or, as
Judge Hervey suggests, should it be jettisoned entirely? See infra, slip op.
at 9 (Hervey, J., dissenting). The questions of whether this is a rule
without a current rationale and thus should be jettisoned or whether it is a
"one-way street" prohibiting only an increase in punishment or a "two-way
street" prohibiting any modification are not directly before us and have not
been briefed by the parties"
Reference at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=app/058701b&in
vol=1
*** The Texas Rules of Criminal Procedure state the following:
Authority to Impose, Modify, or Revoke Community Supervision
"Sec. 10. (a) Only the court in which the defendant was
tried may grant community supervision, impose conditions, revoke
the community supervision, or discharge the defendant, unless the
judge has transferred jurisdiction of the case to another court
with the latter's consent. Except as provided by Subsection (d) of
this section, only the judge may alter conditions of community
supervision. In a felony case, only the judge who originally
sentenced the defendant may suspend execution thereof and place the
defendant under community supervision pursuant to Section 6 of this
article."
**********************************************************************
******** Reduction or Termination of Community Supervision *******
Sec. 20. (a) At any time, after the defendant has
satisfactorily completed one-third of the original community
supervision period or two years of community supervision, whichever
is less, the period of community supervision may be reduced or
terminated by the judge. Upon the satisfactory fulfillment of the
conditions of community supervision, and the expiration of the
period of community supervision, the judge, by order duly entered,
shall amend or modify the original sentence imposed, if necessary,
to conform to the community supervision period and shall discharge
the defendant. If the judge discharges the defendant under this
section, the judge may set aside the verdict or permit the defendant
to withdraw his plea, and shall dismiss the accusation, complaint,
information or indictment against the defendant, who shall
thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he has been convicted
or to which he has pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be
made known to the judge should the defendant again be convicted of
any criminal offense; and
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
(b) This section does not apply to a defendant convicted of
an offense under Sections 49.04-49.08, Penal Code, a defendant
convicted of an offense for which on conviction registration as a
sex offender is required under Chapter 62, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997, or a defendant
convicted of an offense punishable as a state jail felony.
***********************************************************************
Additional provisions that may be of interest to you:
Violation of Community Supervision: Detention and Hearing
Sec. 21.
(c) In a community supervision revocation hearing at which
it is alleged only that the defendant violated the conditions of
community supervision by failing to pay compensation paid to
appointed counsel, community supervision fees, court costs,
restitution, or reparations, the inability of the defendant to pay
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indigent wrote:
I was convicted of a felony (3rd degree) a couple of years ago. The very
same act in a number of other states would be a misdemeanor--period. I was
not jailed but put on probation. The conviction has meant an end to my
livelihood. I lost my job, my home, my cars, and my savings account.
Why should that be? I know a fellow, a truck driver, who also has such a
black mark against his name. Back thirty-some years ago, he had to drop a
load in some urban inner-city area. While there, he saw some guy rip the CB
radio out of his cab. So he grabbed a baseball bat out of the out of the
storage bin under the sleeper, and accosted him with it. The guy, who had
the CB radio under his arm, tried to make a run for it, so he dropped the bat
and grabbed him. A couple of punches were exchanged, and he got his radio
back -- but by then the cops were upon them.
To make a long story short, HE got charged with felony battery -- because a
"deadly weapon" (the bat, which never got used) was involved -- and he had to
go to court to face the music. And they never even charged other guy. So
he got a lawyer, and in court the prosecutor refused any plea-bargain. So he
was convicted and sentenced to probation.
But he is a convicted felon, and has been for over 30 years. He figures it
had something to do with the fact that he and his lawyer were one color,
while the "victim" and the cops and the judge and the prosecutor (and nearly
everyone else in the courtroom) were another. And he's not the color that
allows him to cry "racism".
Today, he STILL drives truck. And he owns his home. And he has credit good
enough that he can co-sign a loan on a pickup truck for his lazy, no-good,
shiftless son-in-law -- his words. (Of course, the terminology might have
something to do with the fact that the lazy, no-good, shiftless son-in-law
wasn't able to keep up payments, and he had to go repossess the pickup.)
And he says that, whenever he has to fill out an application for something
and they ask "Have you ever been convicted of a felony?", the answer to that
is always "no".
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Theodore A. "Tyre-Iron Teddi" Kaldis wrote:
indigent wrote:
Why should that be? I know a fellow, a truck driver, who also has such a
black mark against his name. Back thirty-some years ago, he had to drop a
load in some urban inner-city area. While there, he saw some guy rip the CB
radio out of his cab. So he grabbed a baseball bat out of the out of the
storage bin under the sleeper, and accosted him with it. The guy, who had
the CB radio under his arm, tried to make a run for it, so he dropped the bat
and grabbed him. A couple of punches were exchanged, and he got his radio
back -- but by then the cops were upon them.
To make a long story short, HE got charged with felony battery -- because a
"deadly weapon" (the bat, which never got used) was involved -- and he had to
go to court to face the music.
And of course, when you and your mates agreed to use that tyre-iron
of yours to relieve some "queer" of some folding money so that you could
go out and buy some beer, it wasn't conspiracy to commit a felony? LOL!
Your only defense was the "Cam Brown Defense": Unfathomable
stupidity. :)
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Thank you kindly for the snippets, I've read them and will keep them for
future reference and consideration. I appreciate that.
How 'bout them Sooners?
I don't watch sports and in fact, I had to look up 'Sooners'.
Respectfully,
Indigent Guy
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Theodore,
Can you imagine the feeling of having your own home with about $60,000 in
equity, two late model cars paid off, good credit...and a decent life all
gone in almost the blink of an eye. And a career that paid a fair salary
but required a squeaky clean record.
For me, it's poverty and pain if I work and pay fines, fees, probation
costs, community service...and it's poverty and pain if I don't. I'd just
like to get this probation stuff over with as soon as possible in hopes of
getting a reduced time in prison. Like I said, compliance is not an option
and I will not be enslaved and extorted from. No one can gain financially
from my destruction. Serving time is the only way. It may have been
different if I had something left to lose.
I've been staying in some people's backyard shed (no sink or bathroom, no
water or kitchen) and it's very cold in here. I still have my laptop and
access to electricity and a wireless card for my internet connection to the
router in the home. For me, there is no desire left to struggle with work
as I have been set up for complete failure. I owe at least15k in taxes at
the moment. It is clear that there is no recovery for me and I will not try
and fool myself into thinking that things can get better. I am at an age
where I have recently noticed a few grey hairs popping up, too young to die
anytime soon and too old to start over.
No Theodore, I am not as strong as your friend.
Regards,
Indigent Guy
P.S. This felony would be a lower class misdemeanor in several other
states, I've carefully looked into various state penal codes. I'm either
going to serve my time and get it over with or I am going to abscond. I've
verbally gone over this with my probation officer to no avail. Not even my
11 month old traffic ticket warrant helped speed things up. After my
release from jail, I went to the probation officer and reported the fact
that I had been in jail. I was told that the judge did not need to know
about this since it was only a traffic ticket. Dane had previously advised
me to write the judge. I don't want to do anything formal that may stir the
water and cause retribution. Several months back I did walk into the judges
chambers (not the court room). The judge looked at me but then his bailiff
escorted me out and viciously told me that I was not allowed to see the
judge. I'm in limbo and in complete and utter misery.
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indigent wrote:
Theodore,
[snipped]
No Theodore, I am not as strong as your friend.
Regards,
Indigent Guy
Theodore don't give a #@($ about anyone but him and his. To curry
his "favour," you must pledge undying affection for his perverted
version of a god, and he expects you to admit that you really deserved
what you got -- because his god (and his "anointed ones" in authority)
never punishes anyone (except members of his family indicted for the
apparent murder of their illegitimate four-year-old daughters) without
reason.
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just fyi, have you checked out the prisontalk.com forums? pretty good
places for others going through similar stuff. i was sentenced to a year
and a half in federal prison for copyright infringement (uploading and
downloading software from the net, no $$$ involved other than the govt
claiming i cost software companies 11 million in losses). i've been out for
a year and have 2 more years of probation. my attorney bills ran $250K, i
had to cash out my 401K, savings, stocks, borrow from friends and family,
sell most of my possessions on ebay....I was paid 1099 so tax money I had
set aside went to my attorneys. when all was said and done I was still
short $100K for the attorneys and owed the IRS another $25K. i just filed
bankruptcy (you CAN discharge IRS debt despite what you may have heard, it
just has to be over 4 years old). i have no house, problems getting jobs
(my probation officer likes to stick his nose in and im in the technology
industry where it's hard enough to even get an interview). there is no
doubt it is a tough situation, if it wasn't for anti-depressents, i'm not
sure how i would have made it through the whole ordeal (which of course is
still ongoing for another 2 years, and i may never be back financially and
professionally where i used to be). anyway, good luck to you, prison really
isn't a lot of fun, but i guess if you don't have a roof over your head, i
can see how it might be appealing.
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Ken Smith wrote:
Theodore A. Kaldis wrote:
And of course, when you and your mates agreed to use that tyre-iron of
yours to relieve some "queer" of some folding money so that you could go
out and buy some beer, it wasn't conspiracy to commit a felony? LOL!
No such agreement was ever made. And had someone suggested doing something
like this, I would have wanted no part of it.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Ken Smith wrote:
indigent wrote:
Theodore,
[snipped]
No Theodore, I am not as strong as your friend.
Regards,
Indigent Guy
Theodore don't give a #@($ about anyone but him and his. To curry his
"favour," you must pledge undying affection for his perverted version of a
god, and he expects you to admit that you really deserved what you got --
because his god (and his "anointed ones" in authority) never punishes
anyone (except members of his family indicted for the apparent murder of
their illegitimate four-year-old daughters) without reason.
Readers unacquainted with Ken Smith (and that would include few, if any, in
misc.legal) should know that Ken was asked to submit to a psychological
examination by the Examiners' Board of the Colorado Bar Association when he
applied to become a lawyer in that state. After you've read a few of Ken's
messages, you might better understand why the Examiners' Board were inclined
to question his psychological fitness.
BTW, he refused to take the psychological exam, and so: no law licence for
Ken Smith. In 11 days from today, Ken will be eligible to reapply to the
Colorado Bar. But he still is obliged to demonstrate psychological fitness
before they will give him a licence to practise law.
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Rob,
It's amazing how ones life can change from one moment to the next, I'm very
sorry that happened to you. I used to be a "tough on crime" kind of guy and
I believed all of the bull out there. I once worked for the county court of
Maricopa, AZ. I used to look at the "scuz balls in chains". Little could I
have imagined that I'd be walking around in chains in Texas a few years
later. Oh how the tables have turned.
At first, my probation officer was handing me employment worksheets and
everyone was eager to help me. I was getting daily calls on my cell and all
kinds of appointments until they realized that I had simply given up. I had
mentioned that the cops who had arrested me on an 11 month old warrant
didn't even want to take me in, they wanted me to ask someone for the money
but I insisted they arrest me so that it would help get things over with.
Nobody wanted to even get close to me because I stank so badly. What is
funny, now I jaywalk wherever I want and nobody seems to notice. This has
affected my social life, friends don't want me in their car or in their
homes. They still talk to me and give me food but they say that I stink too
much, but like I said, I don't have acces to a bathroom. In fact, I washup
and shave at the probation department's bathroom. There is warm water,
soap, paper towls, etc.
I'm supposed to be doing therapy and drug testing and a bunch of other crap
that I can't even remember right now. Other than showing my mug on
occasion, they don't even know where I'm at or how to contact me because
I've been moving around just about at anyone who will provide shelter for
me. I've only had one piss test too boot! They used to ask me, "any drugs
or alchol" and I said "yes" once. I was told that I was not supposed to be
drinking. Now they don't ask me because I simply tell the truth each and
every time. There is no reason for me to lie. I don't like living this way
but I don't know what else to do. I try sleeping as much as possible to
forget about the pain. I'd like to begin collecting social security if I
could (I faithfully worked since I was 17 years of age) and just live a
decent life, free of all of the world's problems.
Best Regards,
Indigent Guy
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----- Original Message -----
From: "indigent" <none@indigent.com>
Newsgroups: misc.legal
Sent: Sunday, January 02, 2005 12:09 PM
Subject: Re: Misdemeanor in one state is a felony in another
Theodore,
Can you imagine the feeling of having your own home with about $60,000 in
equity, two late model cars paid off, good credit...and a decent life all
gone in almost the blink of an eye. And a career that paid a fair salary
but required a squeaky clean record.
For me, it's poverty and pain if I work and pay fines, fees, probation
costs, community service...and it's poverty and pain if I don't. I'd just
like to get this probation stuff over with as soon as possible in hopes of
getting a reduced time in prison. Like I said, compliance is not an
option
and I will not be enslaved and extorted from. No one can gain financially
from my destruction. Serving time is the only way. It may have been
different if I had something left to lose.
Your above statement implies an additional option not considered by me in
my other responses. You might consider seeking employent for lower wages
than you are accustomed to, provided that you at least make enough to
provide
basic living expenses so that you can provide yourself food, shelter and
clothing.
This alone would go far to relieve you of your circumstances you find so
painful.
After you have accomplished providing yourself some independance of relying
upon
others for your basic needs, you will have improved your circumstances
exponentially.
If it was me, and I decided upon this course of action, I would look at this
as being my
first step in an over all strategy conceived to provide the best that
could be had from a
bad situation.
I would consider that if the preferable wages allowing me to support myself
and meet the financial
obligations of my probations were not obtainable, then my first obligation
to myself would demand
that I earn what is necessary to meet my basic human needs. If I felt the
burden imposed by the fines, fees,
etc are too great,I would shop for jobs that would pay me enough to meet the
requirements I felt necessary
to give me my minimal accepted standard of quality of life, but nothing
more.
Such a strategy employed by you would dictate that all of your wages and
living expenses be carefully documented and recorded so that they could be
used in support
of an affirmative defense if revocation proceedings are brought against you
for
not making payments that you find objectionable. Of course the opportunities
will always be there for
you to fudge enough so that you enjoy recreational activities and whatnot.
It would be a good idea to establish a good faith effort on your part to
comply with your probation
by showing that you are meeting at least some of your comminity service
requirements. Perhaps you can conceive a plan
that secretly provides you with the biggest end of the stick. Just as an
example to give you ideas, consider a plan
which consists of helping jailed inmates with legal research so that they
might be afforded access to the courts.
Every hour "donated" for community service would actually be an hour
invested in yourself towards an education
you might someday use for obtaining the best resolution hoped for
concerning your probation!
It's no small consideration either that effective "writ writers" in prison
can maintain an above average prison
lifestyle for their services.
The above strategy might give you the factual evidence and legal skills
necessary to effectively apply the affirmative defense
provisioned by the Texas Statutes should revocation proceedings be initiated
against you for your failure to meet the payment
obligations conditional to your probation.
At the very least, the facts taken into consideration by the judge would be
1.) You are employed and self supporting and therefor a productive member of
society.
2.) That even though you were unable to meet your payment obligations, you
still met any conditions
of your probation that was possibly within your power to comply with by
performing community
service.
3.) You were able to show grounds of an affirmative defense that even if
rejected by the court still carries a certain amount
of weight for some granting of leniency.
Which would all together most likely operate to provide you with a
considerbale amount of extenuating circumstances in your favor
which you would be lacking at the present time if you were faced with a
revocation hearing today.
I now have one very important question for you to consider. Relying upon a
strategy similar to the one I have just presented,
what could be the most adverse consequnce imposed upon you? Would it not be
your satisfying your obligations to the court
by incarceration instead of by payment, which is the very relief you asked
how you might obtain in your initial post to begin with?
I've been staying in some people's backyard shed (no sink or bathroom, no
water or kitchen) and it's very cold in here. I still have my laptop and
access to electricity and a wireless card for my internet connection to
the
router in the home. For me, there is no desire left to struggle with work
as I have been set up for complete failure. I owe at least15k in taxes at
the moment. It is clear that there is no recovery for me and I will not
try
and fool myself into thinking that things can get better. I am at an age
where I have recently noticed a few grey hairs popping up, too young to
die
anytime soon and too old to start over.
No Theodore, I am not as strong as your friend.
Regards,
Indigent Guy
P.S. This felony would be a lower class misdemeanor in several other
states, I've carefully looked into various state penal codes. I'm either
going to serve my time and get it over with or I am going to abscond.
I've
verbally gone over this with my probation officer to no avail. Not even
my
11 month old traffic ticket warrant helped speed things up. After my
release from jail, I went to the probation officer and reported the fact
that I had been in jail. I was told that the judge did not need to know
about this since it was only a traffic ticket. Dane had previously
advised
me to write the judge. I don't want to do anything formal that may stir
the
water and cause retribution. Several months back I did walk into the
judges
chambers (not the court room). The judge looked at me but then his
bailiff
escorted me out and viciously told me that I was not allowed to see the
judge. I'm in limbo and in complete and utter misery.
I can clarify this for you. First, understand that you were in serious
violation of protocol walking into a judges chambers without invitation or
permission.I very seriously doubt that members of the bar would contemplate
doing that.
Secondly, a judge has no reason to consider a request from a lawyerless
citizen that are made verbally and are not made a part of the court record
by being transcribed by a court reporter.
For illustrative purposes, lets say you are a defendant in a criminal case
and you desire to represent ypourself. So, you tell the judge of your
intent. It would almost be a certainty that he would deny you on the grounds
that you are either incompetant, or have failed to show competance. Whic
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Theodore A. Kaldis wrote:
Ken Smith wrote:
No such agreement was ever made.
Liar (see attached). But then again, everyone *knows* that about
you, Ted.
And had someone suggested doing something
like this, I would have wanted no part of it.
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Courtesy: moemcal@mail.cswnet.com (Moe)
Or to dig up an old post of your in your own words:
*************************'
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&selm=Feb.15.19.31.46.1990.400%40traffic.rutgers.edu
hwere he uses the word we in terms of the incident
From: Theodore A. Kaldis (kaldis@topaz.rutgers.edu)
Subject: Re: "Rolling Queers"
View: Complete Thread (17 articles)
Original Format
Newsgroups: alt.flame, soc.singles, talk.politics.misc
Date: 1990-02-16 16:48:04 PST
In article <1990Feb16.063828.13266@agate.berkeley.edu>
gsmith@garnet.berkeley.edu (Gene W. Smith) writes:
Theodore A. Kaldis:
When you posted this story, I wondered if you were making it up to see
what kind of reaction you would get.
When I first posted this story, it was in response to the suggestion
that I would be inclined to go "fag bashing". I originally intended
to post a straightforward account about how a naive youth was cajoled
by some miscreant acquaintances (the proverbial "bad company") to
reluctantly accompany them on an expedition aimed at acquiring funds
through a procedure that this youth considered to be of EXTREMELY
dubious merit (to put it mildly), and that how this youth was
EXCEPTIONALLY horrified at the events that subsequently transpired.
But seeing as the sort of activity that occurred that evening has
recently been defended as an expression of constitutionally protected
freedom of speech, I decided to play a few games with the story.
Unsurprisingly (and rightfully so), no one has come to my defense.
Also unsurprisingly, I have since become a raving sociopath (due to,
doubtless, the fact that I espouse a position that is absolutely at
variance with the officially accepted politically correct view) -- on
the basis of a rudimentary account that no one here has a
comprehensive conception or understanding of.
Since it looks like you really mean it, I can only say that you are
apparently a borderline sociopath.
Excuse me, a BORDERLINE sociopath. Declared to be so by Gene Ward
Smith, an erstwhile sociopath in his own right of exemplary
credentials, in an absolutely serious posting (I don't know if this is
a USENET first, but it is certainly a first for me) posted to
alt.flame (among other places). (It takes one to know one.)
You brag to the net about your violent, antisocial proclivities, which
is another sign of a borderline personality disorder.
I brag about nothing. The account I posted was perhaps wry (it was
meant to be, in order to reflect the nature of life), but it was by no
means comprehensive. For the record, the only reasons these *ssholes
wanted me along was because I had the car. Me and another individual
managed to evade the police primarily for the reason that we were
unarmed. (This is the guy I have lost track of -- a number of years
subsequent to this incident. He too went straight and managed to stay
out of trouble with the police for the years that I knew him.) The
guy in jail and the guy who OD'd were the instigators, the active
participants, and the ones who were apprehended by the police. The
cops should have properly thrown their hind ends in jail, and I
afterwards told them so to their face in essentially those words.
It's the sort of thing rapists and muggers will sometimes do.
Of which I am neither. As I said, I was absolutely horrified at what
went on. Have you ever seen anyone get mugged? It's not a pretty
sight. In order to effectively do it, one has to be an absolute, cold
sadist. Part of the ritual is to make the victim squirm like a
cornered rat. This is what Goetz was talking about in his confession
tape to the New Hampshire police when he turned himself in, and it is
this that caused him to become so enraged as to shoot his assailants.
Anyone who has ever witnessed this knows what he's talking about. All
you liberals who haven't are just blowing out your *ss.
Moreover, I had to give the junkyard a buck to replace my tire iron,
and these chumps never reimbursed me like they said they would.
By the way, I thought you claimed that in your misspent youth you were
a flower child?
No, not a flower child. A long-hair anti-war demonstrator, yes; a
"freak", yes; but never a "flower child".
As a self-proclaimed Christian, you should instead feel shame and a
desire to change, by the way.
It should have been obvious that this incident occurred prior to my
Christian days.
--
Theodore A. Kaldis | "Perhaps we
may
+-+-+-+-+-+-+-+-+- | frighten
away
email: kaldis@topaz.rutgers.edu | the ghost of
so
UUCP: {...}!rutgers!topaz.rutgers.edu!kaldis | many years
ago
U.S. Snail: P.O. Box #1212, Woodbridge, NJ 07095 | with a
little
ex-Ma Bell: (201) 283-4855 (voice) | illumination
.. . ."
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Theodore A. Kaldis wrote:
Ken Smith wrote:
After you've read a few of Ken's
messages, you might better understand why the Examiners' Board were inclined
to question his psychological fitness.
And then again, you probably won't. Here is what one practicing
mental health professional observed about Ted Kaldis (attached):
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Message-ID: <4180DCAD.7050003@it.com>
From: Ken Smith <forget@it.com>
Reply-To: Ranger57@concentric.net
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Subject: Re: Ken Smith Before The Colorado Bar Examiners
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Lindsay wrote:
From: Kent Wills compuelf@gmail.com
Ken Smith wrote:
Ted's conspiracy theories -- especially, the one about the hit man -- are
so bizarre as to identify him as a crank, but I'd imagine that we've
gotten there already. :)
So tell us again, why is it that you're not a lawyer in Colorado?
Obsess much?
Ted has displayed, and is displaying, traits consistent with obsessive
compulsive disorder. His life revolves around Ken and Ken's dealings with the
Colorado Bar. How long has it been since Ken first tried to gain admittance
with the Colorado Bar? People not directly involved in the case would have let
go the matter and continued on with their lives. Ted's posts indicate an
inability to do so.
His tendency towards stalking is also evident in his driving clear across
Melbourne, Australia, to take a picture of an advisory's primary residence and
place it on a web site. This fits into the intimidation aspect of the
stalker's mind set perfectly. Had Ted been able to stay longer, he may well
have found many more opportunities to just "happen to be in the neighborhood."
Yes, Ted does want, or at least did want, people to think he's Australian. He
once boasted about how natives thought he was native. No native is going to
confuse an Australian accent with an American one. Indeed, no tourist is going
to confuse the two either. He had to impersonate a native accent to pull off
this ruse. The fact that natives were fooled indicates the degree to which Ted
studied the accent. The sole reason to do this would be to make one's self seem
native.
Ted most certainly has issues that he would do well to have address with the
aid of a competent mental health professional.
Ted, if you'd like, I could look up some psychologists in your area that could
help you discover and deal with the underlying cause of your problems.
The E-mail address I'm posting with is temporary. If you wish for me to assist
you, you will need to ask for it here. Kent will let me know if you accept my
offer.
Lin
Kent and Lindsay, I do appreciate the input, coming as it does from a
practicing professional. Ted's persistence in this matter goes WAAAAAAY
beyond what is normal, and his tendency toward stalking suggests that he
might pose a threat. His brother-in-law's incarceration for the alleged
murder of his illegitimate four-year-old daughter appears on its face to
have put Ted under considerable stress, which could make him dangerous.
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Hello Dane,
I read your other thread and I hope that you are cleared of that ridiculous
injustice.
You might consider seeking employent for lower wages
than you are accustomed to
No thank you. I am not interested in 5 or 10 bucks an hour. I do
appreciate your response but compliance is not an option. Truth be known,
about a month ago I informed my probation officer that I had destroyed my SS
card as well as my birth cirtificate. I've been repeatedly told that I must
obtain a state ID, attend AA meetings, etc. but I'm just not interested in
any of that. My days of filling W2 forms and looking at tax forms are over.
In my current state of mind, I'd go insane if I had to wake up early and go
to work...I simply wouldn't be able to handle it.
by showing that you are meeting at least some of your comminity service
requirements.
Those requirements are the last thing on my mind. Requirements have not and
will not be met.
Perhaps you can conceive a plan
My only plan is to serve the sentence as quickly as possible and get this
over with ASAP so that I can freely move around the U.S. without worry of
further charges such as flight. I'm a kind and attentive good looking guy,
and I figure that I can get married and live a happy life with someone.
I had mentioned previously about a friend who had had enough and told his
probation officer that he wanted to do time served. His PO was very
cooperative and got him only 8 months in jail! I've asked my PO to
recommend a light prison term but I can't get a straight answer and nothing
gets done. I don't understand why the judge put me on probation if I never
asked for it, but I must take the blame because I did not speak up during
sentencing. Next thing I know, I had 10 freaking years of probation but I
didn't know what was involved since I am not a criminal.
Please, is there any way possible that I can obtain a public defender to
initiate and assist me during the revocation proceedings? I'd like for
someone to assist me so that I serve significantly less than the 7 1/2 years
of probation left. I'd be very happy with current time served and a couple
of years in prison.
Respectfully,
Indigent Guy
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Ken Smith wrote:
Theodore A. Kaldis wrote:
After you've read a few of Ken's messages, you might better understand why
the Examiners' Board were inclined to question his psychological fitness.
And then again, you probably won't.
Here is what one practicing mental health professional observed about Ted
Kaldis
If this isn't the fruit of Ken Smith's apparent psychosis, I don't know what
is. Ken is apparently DEEPLY troubled every time I point out that he was
asked to submit to a psychological examination by the Examiners' Board of the
Colorado Bar Association. And so he had an internet friend of his show his
wife (who is apparently a licenced psychologist) a selected portion of my
internet postings. And of course she came to the preordained conclusion --
IF any of this even happened in the first place -- Ken might just be making
it all up, mendacious prevarciator that he is.
So Ken pretends that this carries the same weight as does the fact that he
was asked to submit to a psychological examination by the Examiners' Board of
the Colorado Bar Association. As if he could somehow alleviate whatever
problems there might be with his psychological well-being by showing someone
else to be psychologically unbalanced.
Ken, dude, get your head screwed on! Get help!
(attached):
[elided]
--
Theodore A. Kaldis
kaldis@worldnet.att.net
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Theodore A. Kaldis wrote:
Ken Smith wrote:
If this isn't the fruit of Ken Smith's apparent psychosis, I don't know what
is.
And as you are merely a glorified telephone repairman with no
training whatsoever in the field, you couldn't recognize a bona fide
psychosis if it hit you in the head with a tyre-iron. Lindsay can, and
she called it as she saw it. Sucks for you. :)
Ken is apparently DEEPLY troubled every time I point out that he was
asked to submit to a psychological examination by the Examiners' Board of the
Colorado Bar Association.
It's not the raw fact itself but rather, the patently unfair manner
in which you employ it. It is called "defamation by innuendo,"
insinuating that the fact itself is proof of alleged mental infirmity.
Most people would be rightly offended by defamatory comments, and most
people would agree that the one aggrieved has a right to defend himself
with vigor.
What does the Bible say about one's right to his good name, and to
not be slandered by others?
And so he had an internet friend of his show his
wife (who is apparently a licenced psychologist) a selected portion of my
internet postings.
What she *found* is evidence that you suffer from
obsessive-compulsive disorder, and credible evidence that you might also
be a stalker. After the thousandth reference to my battle with the Bar,
sane folks would let it rest. Obsessed stalkers don't. Q.E.D.
And of course she came to the preordained conclusion --
IF any of this even happened in the first place -- Ken might just be making
it all up, mendacious prevarciator that he is.
"Paranoia, the destroyer!"
Let me get this straight, Ted: You are claiming that "Kent Wills" is
really a Ken Smith sockpuppet -- created ten years ago so that he could
beat Ted Kaldis in a debate that he had no reason to believe would ever
occur in the first place?
If you believe *THAT*, no wonder you believe that Jesus rose from the
dead, and Cam Brown didn't kill his illegitimate four-year-old daughter
in cold blood. You can believe anything, even in spite of the evidence
-- which distinguishes me from brain-dead Christian believers, as I am
unable to so thoroughly override my reason and logic circuits.
So Ken pretends that this carries the same weight as does the fact that he
was asked to submit to a psychological examination by the Examiners' Board of
the Colorado Bar Association.
In point of fact, it carries a lot more probative value. Just as the
mere fact of an indictment does not prove that Cam Brown is a murderer,
the mere accusation by a government official without colorable probable
cause to support it (and more importantly, an ulterior motive for making
it) proves nothing. Indeed, you have admitted this yourself.
By contrast, Lindsay analyzed your posts, and from that evidence,
quite reasonably deduced that *you* are suffering from an
obsessive-compulsive disorder. So, which piece of evidence carries more
probative value?
Clearly, Lindsay's observations.
As if he could somehow alleviate whatever
problems there might be with his psychological well-being by showing someone
else to be psychologically unbalanced.
Ken has a professional opinion indicating that he has no significant
mental infirmities and also, a profesional opinion stating that Ted most
likely suffers from obsessive-compulsive disorder, and quite possibly is
a stalker, to boot. :)
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