I was sentenced to 7 years felony drug offender probation on a 6 year suspended prison sentence in October 2010. Some of the conditions of probation are 10p-6a curfew and must stay in the county unless permised by my p.o.. I have a genetic condition that requires specialists appointments all the time. Recentley I have been told that I will need to travel out of the county for 3 or 4 days and before long will need to leave the state for medical tests and appoinments. The judge and prosecutor are familiar with my medical condition as is my p.o. but my p.o. says he cannot allow me to go anywhere overnight without a court order. what would be the best solution for this problem and how do i do it.
Parole, Probation Probation terms modification
- Thread Starter wabashaw1
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army judge
Super Moderator
You may be forced to receive treatment for your medical condition in the State of Florida.
I'm sure the judge will want to see proof that in a state as large and as advanced as Florida is, that your condition can not be adequately treated within the state.
So, you'll need a letter (preferably notarized) from the physician that is treating your condition.
I doubt that a letter written by a nurse, or even a psychologist will suffice; but you can try getting that by the court.
remember, whatever letter you get, should be notarized.
That isn't a show stopper, but the medical practitioner that authors the letter should send it directly to the judge that sentenced you, the prosecutor who presided over your case, your probation officer, and your attorney (with a copy to you).
Then you'll probably have to get a motion before the sentencing judge asking for a court order allowing you travel out of state for medical treatment.
The judge may want to have the medical practitioner testify under oath in open court on the record.
You might want to ask your POI fopr guidance, as I am sure this have come up in the past.
Or, you might wish to inquire of the attorney that represented you.
Be advised, don't expect miracles, because some judges might say that you can get treatment in Florida.
I don't know what will be said, but expect some push back at some point from someone.
You're out on probation/parole, it isn't a right. It is a privilege.
So, be prepared for your wants to get shot down unless this is the only place you can get treatment, which I highly doubt and so will the court!
Thank you for your insight. I undersdtand what you are saying about being treated in the state, the Medical University of South Carolina has a program dedicated to the condition that I have (Alpha1 Antitryspin Defficiency). Another question, I have just recentley been cleared by one of my docs to return to work and have a job lined up but It is for a closing cook which requires that I work until midnight and I am on a 10p-6a curfew. What would be the best approach for having the curfew removed from my terms?
army judge
Super Moderator
Again, the BEST thing to do is consult with your attorney.
If YOU make a mistake, you could find yourself REVOKED and in the slammer.
Tread cautiously and don't demand, ask, very politely and nicely.
That said, they want to see you working.
So, get a letter from your potential employer addressed to the court, the prosecutor, and your PO from the employer.
Have the employer send it to all three with a copy to you.
In the interim, ask you PO about working until midnight.
They generally allow work related request.
Most likely they will allow you to be out until 1:00am when you're working.
Now, be advised, that doesn't get the restriction lifted.
That ONLY allows you to be at work during that time, (and travel time HOME) and they KNOW that no one works seven days a week, 365 days a year.
So, if it is approved, it will ONLY be for YOUR scheduled work days.
Please, for your sake, don't PUSH!
That does NOT remove the curfew.
Dude, you need to be very careful.
Very careful!!!!!
They have heard and seen all these things before!
I hope you're no longer smoking.
Your disease can be exacerbated on negatively impacted by cigarette smoke and other inhalants!
You might want to check into some good programs in Florida.
Here are some locations in Florida that can assist you:
http://www.alpha1research.org/clinical_centers_and_research_programs
http://www.alpha-1foundation.org/
http://my.clevelandclinic.org/disorders/alpha1_antitrypsin_deficiency/pul_overview.aspx
http://rarediseases.info.nih.gov/GARD/Condition/5784/Alpha_1antitrypsin_deficiency.aspx
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No longer smoking and thank you for the info. I'm not too worried about the curfew right now. I asked my po about removing certain terms and he is cool with it but it is too early. I have only been on for 3 months. When the time is right (a year or so) I would love to at least get the curfew removed. I dont know how many times I have been at my in laws watching a movie and I had to go because it was almost 10. Even to get the time moved to like a 11p-6a curfew would be awesome. I have no business being out after 11 anyway. The only people out after 11 who arent working are up to no good.
army judge
Super Moderator
You're right, many people out and about around midnight are up to, or have been up to NO GOOD.
But, some people are working, some relaxing, and others aren't doing anything but enjoying their freedom.
Addicts get into trouble night and day.
Every addict has his/her own triggers.
Good luck, and I wish you sobriety, health, and success.
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