Editor, what does “other requirements of probation” mean? If the judge did not order random UA’s, can she require them under penalty of a probation violation?

EDITOR NOTE–Don’t know. I have heard there is some sort of blanket order from the court with a catchall phrase.

To all current probationers: Keep every reciept, bit of paperwork, and court order regarding your time during probation. If you can, double test at a private facility (Drug Shield is a good one, and despite the sign at ACMPS, your P.O. can’t tell you not to), take notes or record if possible any run-ins with your P.O. and ACMPS (phone calls, too), and pray to God Nancy Cladis keeps all her assets in her name so you can join the class-action lawsuit against this bullying thief. Sharon, good on ya’ for doing what men refused to: Growing a set to face the backlash of angry probationers and having the boldness to address the overwhelming problems with ACMPS. You definitley have my vote next election date. The other two are just Nancy’s lap dogs, tails wagging, waiting for her next command.

If you receive supervised probation in Ada County there will be a judgment or withheld judgment document. Same document with boxes to check as to which type it is.

The probation conditions are near the bottom – it is a HORRIBLE form. There are boxes to check for common terms. There is some space to write other terms.

If the sentencing is done in open court, the judge will normally tell you that you cannot refuse any evidentiary test of blood, breath or urine. While that doesn’t specifically say you must do UAs and it could be directed at evidentiary testing in a DUI situation, for example, it is probably sufficient to create an obligation to UA with probation. The judgment also references a “Responsibilities Form” which is probably the checklist you execute at the probation office.

The new document is about a year old, I believe. If you have the older documents, you’ll have to check them specifically. Back then probation was on a judgment supplement for programs.

vote out Yazzy nd Blister!

I went in on Monday for a monthly meeting and made a fuss about all of this. Said i was joining the class-action. Was taken off colors. Funny huh.

Want to join me? DO IT HERE

FWD: from my E-mail on how to do it

Name:

Date of Birth:

Address:

Phone & e-mail:

Jusge & Cose No.

Underlying crime

Start /End Probation:

Term of Probation and / Copy of those docs:

Ever been ordered to wear:
1) SCRAM
2) GPS

Do you have a History of Drug or Alcohol Abuse:

Do you know of any friends or relatives that may be a part of the Class? (if please forward this information to them with our e-mail in the body of the text and their name and Misd Probation as the subject line)

Also, include comment or concens and if you can scan in cost reciepts, etc.

Thank you
Celeste
GORDON LAW OFFICES, CHTD
623 West Hays Street
Boise, Idaho 83702-5512
Phone: (208) 345-7100
Facsimile: (208) 345-0050

Vote out those two Beagles. Good job Sharron

EDITOR NOTE–We don’t mind offering up the forum and communication channel, but it would sure be nice if the lawyers and clients pushed the DONATE button once in a while!

This is very upsetting to me, Like I said in prior post we provided proof of her corruption and her mistreatment of her employees and probationers I don’t understand how they could turn the other cheek and ignore it.

Instead of continuing to talk about it, we need to take action.
These commishes dont expect us to do anything but talk about it.
Lets do something real.

I propose a full display of disapproval. Picketing at ACMPS and at city hall, and at the court house. The week of 10-23 – 10-29

Comment if you agree and lets get organized. Everyone here is right and in agreement. What they are doing is ilegal. Lets hold them accountable.

Well, in the face of all of the controversy I would imagine that, if ACMPS is found in violation of probationers rights in any way, then the County of Ada should now be a Defendant in the class action since they approved the extension of the contract in light of the likely corruption.

We had a chance to get rid of Yzaguirre last year. And we have had many opportunities to get rid of Vern over the years (EVERYBODY Vern, don’t forget). It seems to me that we annually pay $300k+, and on a good day only get $100k of common sense. And apparently we only get the 100k when things get to emergency mode.

Alex, I quit my job there a few months after the new mandatory color code UAs came into effect, but I’ll do what I can to answer your question. Drug and alcohol UAs for the first while is pretty standard, regardless of your crime. I had a lot of clients in for things like theft that turned out to have drug and/or alcohol problems. Your PO was most likely just making sure drug use wasn’t an issue for you (a lot of my DUI clients abused both drugs and alcohol). People often find this offensive, but it’s one of the only tools a PO has to get a realistic assessment of the situation. (A lot of clients try and deceive their PO constantly. I’m not saying your dishonest, but POs can’t go off an offender’s word. You wouldn’t believe some of the stuff people tried to pull over on me.) 2nd DUI cases are typically treated with a heavier hand since it is a case of re-offending. Being bumped to alcohol only is a sign your PO trusts that you don’t have a substance abuse problem as well. However, I would occasionally instruct my client to do a drug panel every few months just to be on the safe side. You’re on the right track if you’ve been meeting all your requirements, so congratulations on getting that–you should take some pride in that because it isn’t as easy as some people make it sound.

You’re always within your rights to write to your judge–even if your PO says it is a long shot or they recommend against it. You don’t get anything if you don’t try, right? I would frequently tell my clients that were doing well to at least take a chance at firing off a letter to their judge. This was discouraged (sometimes) by my superiors, but I did it anyway. Now, I don’t know you or your case (or your judge…), so I don’t know what your chances are, but give it a shot. Include some details not only on what requirements you’ve met, but also what you’ve learned. Don’t BS it, either because people can see through it. And be patient. I’ve never seen a judge get a letter on Monday and release someone to unsupervised on Tuesday. It can take a few weeks. And don’t be upset if it’s denied. It doesn’t mean you’re a wretched human being, it just means you’ll have to continue with your original sentencing. After all, being moved to unsupervised isn’t a right, it is an incredibly gracious gift. All I’m saying is don’t feel entitled to it. I only very rarely had clients that were granted unsupervised, and they were the folks that were doing more than just meeting the requirements–they were honest, respectful, and showed a genuine sense of remorse for their crime, and actively took steps beyond what the court requires to turn their life around.

Whether or not you tell your PO is up to you. They cannot tell you not to and they cannot punish you for it either. If you’re going to do go that route, be smart about it. Take notes (including dates, times, who you talked to, what was said etc.) and don’t let your PO trample all over you. You need to be respectful about it, but you also need to make claim to your rights. Contrary to what Nancy might like to believe, she doesn’t get to call the shots on that–only a judge can decide. That’s not to say your PO won’t influence that decision. The clients I had that were granted unsupervised weren’t just “lucky”. I got a phone call or an e-mail asking for my honest assessment of the offender and my experience with them. So, if you’ve got an attitude problem with your PO, that won’t go over well. And don’t approach it with a “I hate this damn place, you, and this whole system!” attitude. I’d say something like, “I’m really proud of the success I’ve had on supervised probation, and I am considering writing a letter to the judge. If they were to contact you, do you think I would be a good candidate for unsupervised?” Chances are your PO won’t say one way or the other, but again, that’s nothing personal, it’s just them doing their job. If nothing else, that seems like a pretty respectful way to test the waters if you go that route.

Best of luck to you on your continued recovery, and feel free to ask any other questions you might have and I’ll share any insight I can offer.

you needto get an attorney or your public defender to pu in a motion for unsupervised probation there will be a hearing then the outcome will then be determined by the judge

Alex: If you e-mail me I might be able to help. [email protected].

I do NOT work for probation. I’m an attorney here in Boise.

SMEG: ACMPS gets its “authority” from assuming it. You have whatever power you take.

In the past I’ve represented people who got violated for hot UAs and had judges rule that they didn’t order that. However, in the big scheme of things, when you are on probation for DUI and get violated for hot UAs and a second DUI, the hot UAs aren’t all that important.

And if the defendant complied and never violated, nobody learned about it. That’s why this class action is so important. Gordon should be able to get access to her probation files to see what has happened that has never come to light.

Smeg, Publica pretty much hit the nail on the head. Most cases have “refuse no evidentiary” marked on the judgment supplement forms–but that doesn’t explicitly apply to random UAs. A few cases I saw had notes regarding random UAs, but not many (at least when I was there). Typically, the tool POs are trained to use is the contract the client actually signs with ACMPS (this sheet is always discussed and signed at the first appointment). On it, there is a term that the client agrees not to use any drugs or alcohol during the duration of their probation, which will be enforced through the use of UAs. I understand the principle behind that term, but I was never a fan of the blanket policy.

Really, I am in the same boat. I was sad to see the contract renewed, but having all clients caught in limbo while the county (or whoever) comes up to speed would spell trouble. My hope is that the county can gear up quickly to take it over even before the renewal is up. I’d love to see some of the POs there (and there are some really stand up people there that really care about their clients) get some more intensive training and access to better resources. I think it’s great they are going to POST.

My suspicion is that if an investigation really takes off (I’m VERY curious to see the outcome of this class action suit), more and more details will come to the surface that prove the transition needs to happen ASAP, not when Nancy retires. I’m not a ragingly upset former employee either. I did, however, find another job and got out of there as fast as I could because I fundamentally disagreed with how the place was being run. I learned a lot during my time there and left without any huge blow ups or anything. If nothing else, when my friends and I are talking about ridiculous things our former bosses did, I always have the trump card thanks to Nancy.

Sharon is awesome. Finally someone who sees through the muck, calls it like it is and stands up for whats right. Kudos

“Rick S.” I think I was in the same group with you at ACMP. But I, unlike you, was not supported in going to unsupervised probation even though I never had ONE positive UA and finished my classes with very good reviews and paid my fines. I have to wonder if she supported you going to unsupervised because you were going to do her a favor and speak at a Domestic Violence seminar for her??????
Sounds like a situation of you scratch my back and I’ll scratch yours.
Don’t know if your the same “Rick” but seems a little weird to me.

Publica
If…. you are calling me a liar I’m sure I can get the tapes from the court and we can listen to them. Your “clients” have told you the PO supports them being placed on unsupervised but there are no notes to “memorialize” this…all I can say to that is….humm…sounds kinda fishy. As I said before the words always and never have no business in these discussions.

EDITOR NOTE–Rick, time out! The lawyer is trying to help all concerned. He said HE has never seen a vote for unsupervised. Fair enough. Objection overruled.

Gregg
I am the same Rick, sorry but I don’t recall you, as there were several people who came and went while I was in those groups. Was my being supported for unsupervised a quid pro quo situation? To an extent yes it was also acknowledgement that I had made some pretty big changes in my life which I am very proud to say that I have built on in the time since I got off of supervised probation.
I would also like to say that simply complying with the terms of probation “In my opinion” should not get a person off supervised early. I think if a person wants to get off supervised early they should have to go above and beyond what has been mandated for them to do, simply complying has not shown any initiative on the probationer’s part.

Often a PO can personally support unsupervised probation, but Nancy has the final vote. That support would not be in the notes because they would get called out on it by Nancy. Regarding Rick’s unsupervised probation, if Nancy supported it, I would guarantee that she had an unspoken agenda. Whether it be a “token” unsupervised case, or as Gregg suggested, she did Rick a favor if he does one for her…that is consistent with Nancy’s need to look good in front of others, and to manipulate others for her own benefit. If he did indeed speak at a Domestic Violence seminar at her request, she would have gotten positive attention and words of praise because she must be doing a fantastic job….

Rick – Let’s just meet on Main Street with our six-guns. How about that?

Nobody called you a liar. My experience with ACMPS is more than yours and I’m relating my experience. My experience revolves around NEVER having seen a positive rec. And don’t tell us what words we can use or not use. This isn’t France…

EDITOR NOTE– Objection sustained! Now, both of you carry on in a civilized manner. Is that clear?

Rick, you are right, the judge does have the final vote regarding granting an unsupervised request. I meant that the PO is under Nancy’s thumb regarding support for an unsupervised request, before it even gets to court. I personally supported several requests for unsupervised, but Nancy denied the requests, and I had to support her view in court, or else. On several occasions, judges granted the requests despite probations opinions to deny them.