Questions About Probation

[churchmouse]

Well, the good news is there is some good advice for him to follow. Let's hope OP follows it.

How many times do you think you/me/we have actually swayed the thinking of people who post up these issues.
I would say zero but there is little info as to how effective this actually is.

The mind set of the young is as strong as ours was at the same age. We were just raised differently by a different generation of parents/family.
I believe I still carry the boot print from my being shown the door when the time arrived.

To actually say he will not be "Forced from his home without a fight" is not only ridiculous but borders on hilarious.

I would really hate for one of my kids to say this anywhere near me. I love them but really.

 

[Thegeek]

I say call a family meeting. Your sister's actions are now damaging to you. Your parents won't make her move out, so that leaves you two options. Move out, or store your items offsite (and arguably at risk). I would argue that the bank box fee and any other fees that you now have to be paid by your sister. And if you want to be a real prick about it, sue her in small claims court.

Sidebar: these rules about no guns where you live if you aren't the property owner are intrusive. My neighbor's kid got hit with OWI and he had to remove all his guns. Most of them were in my safe for the duration. We need to petition the laws be changed to protect the rights of roomates, family, and others who are not guilty of anything other than who they live with. I think making them inaccessible is enough. Removing them from the property is wrong.

 

[churchmouse]

I say call a family meeting. Your sister's actions are now damaging to you. Your parents won't make her move out, so that leaves you two options. Move out, or store your items offsite (and arguably at risk). I would argue that the bank box fee and any other fees that you now have to be paid by your sister. And if you want to be a real prick about it, sue her in small claims court.

Sidebar: these rules about no guns where you live if you aren't the property owner are intrusive. My neighbor's kid got hit with OWI and he had to remove all his guns. Most of them were in my safe for the duration. We need to petition the laws be changed to protect the rights of roomates, family, and others who are not guilty of anything other than who they live with. I think making them inaccessible is enough. Removing them from the property is wrong.

Common sense gun regulation that makes no sense at all.

 

[Kutnupe14]

I say call a family meeting. Your sister's actions are now damaging to you. Your parents won't make her move out, so that leaves you two options. Move out, or store your items offsite (and arguably at risk). I would argue that the bank box fee and any other fees that you now have to be paid by your sister. And if you want to be a real prick about it, sue her in small claims court.

Sidebar: these rules about no guns where you live if you aren't the property owner are intrusive. My neighbor's kid got hit with OWI and he had to remove all his guns. Most of them were in my safe for the duration. We need to petition the laws be changed to protect the rights of roomates, family, and others who are not guilty of anything other than who they live with. I think making them inaccessible is enough. Removing them from the property is wrong.

No, it's not. Probation is offered in lieu of sentence. If the offender can't comply with the conditions of probation, or his family or roommates have issue with the conditions, the offender is completely free to tell the judge, and I assure you the judge will let them serve their time.

 

[MCgrease08]

No, it's not. Probation is offered in lieu of sentence. If the offender can't comply with the conditions of probation, or his family or roommates have issue with the conditions, the offender is completely free to tell the judge, and I assure you the judge will let them serve their time.

Thanks Denny.

 

[Thegeek]

So, would you send your kid to jail or remove your guns?

 

[Kutnupe14]

So, would you send your kid to jail or remove your guns?

If it's MY kid.... he can sit his ass in jail, because I would've taught him better. My parents always told me, that if I was ever arrested, don't call them.
***Bonus***: my guns stay in the home.

 

[Thegeek]

Glad we agree on that....

 

[churchmouse]

So, would you send your kid to jail or remove your guns?

Jail.
You did it.
You know better.
Maybe you will not do this again.

 

[Dirtebiker]

Perhaps I didn't give enough detail. The house is my parents, and in the people who live there are Me, Mom, Dad, and dumb a** baby Sister whose on probation. The probation is for a theft charge and my understanding is after a year of unsupervised probation the charge becomes a misdemeanor.

The problem right now is Mom and Dad won't stop nagging me about the guns since Wednesday, when keep in mind my main priority was getting my Jeep fixed so that it wasn't sitting on the side of the road, not to mention 2 jobs and they haven't figured out why I haven't immediately complied and moved everything to my older Sisters. Dad apparently assumed that I'd just do it because he asked politely, and we all know what they say about assuming.

And I have thought about moving out for awhile, my problem now is I'm not getting forced out of my house because of somebody else's stupidity, at least not without a fight.

main question... how old are you?
main point.... it's your parents house, nothing more should need to be said!
get your own home, then you can make the rules!

 

[Dirtebiker]

Mainly cash. I'd like to move out but they have nasty habits of setting unrealistic time frames and goals.

Wow!
Again, their house, their rules. PERIOD!

 

[Bigtanker]

If it's MY kid.... he can sit his ass in jail, because I would've taught him better. My parents always told me, that if I was ever arrested, don't call them.
***Bonus***: my guns stay in the home.

Jail.
You did it.
You know better.
Maybe you will not do this again.

Yep.

I have extended family that did evevrything they could to keep their "good kid" out of jail. It ruined just about everything, including enabling their "good kid" into much more destructive behavior finally ending with him taking his own life.

Years later one of them finally commented that jail would probably have been a better option ar the time.

 

[Slapstick]

Speaking as a retired probation officer there are a few points to make. It must be understood that every County is a bit different since the probation department is under control of the Courts in that county and Indiana gives a wide latitude as to how a Court operates so the following is just in generalities.

1) You said it was unsupervised probation. Most unsupervised probations are monitored directly by the Court in the way of setting a compliance hearing towards the end of the term of probation in which the person provides proof of completion of any terms ordered by the Court. In some Counties the probation department does have a probation officer as a compliance officer or the Court itself may have an individual or agency that the person reports completion of terms to the the Court. In the County I worked in all three were used, one Court had a probation officer assigned to it to monitor unsupervised probation, another used an outside agency and another had the Prosecutor's office hold compliance hearings and schedule actual Court dates for those that failed to show proof of completion. The chance of a an overworked PO stopping by and searching is next to zero unless there is good cause to think that she is violating her terms of probation or has committed a new offense.

2) A PO, under normal circumstances, can look around the common areas of the house and the portion under you sister's control, ie. her bedroom. As a general rule you can not search another individual personal space, (basically you can search every where but another persons bedroom). There are exceptions but that's the general rule for warrant-less probation search.

3) I don't know of a Court/Probation Department that doesn't have the "no firearms in the residence" term. There is no distinction about who has control since as pointed out, you can't say with 100 percent certainty another person in the house doesn't have the key/combination to a safe. You can not get into trouble for having firearms in the house. You have not lost any rights or privileges your sister has. If a PO discovered firearms in the house it is a violation of her terms of probation and she is the one to suffer whatever consequences that may bring.

There was a comment earlier that a person spoke with an individual's Parole Officer about keeping guns in the house that the parolee didn't have access to and it was allowed. Parole is different from probation. While they may seem the same to most people and the terms and goals are similar Parole is a function of the DOC and their rules are set by the DOC. Probation is a function of the Courts. Parole may have a little more leeway on enforcing/changing their terms since it's more of an administrative situation (for lack of a better description) but with probation, the terms are considered a Court order and not too many probation officers will defy a Court order.

If it was a roommate I'd say kick them out. No question about it. They lost their rights not you and it's their responsibility to adjust their behavior and living arrangements to be in compliance with the Court. But that's not the case, it is your sister and you both live in your parents house. Your parents are choosing to help your sister and are willing to change their behavior and living situational to accommodate her. So, what your parents say goes. It's really that simple.

 

[chubbs]

OP, i was feeling for you UNTILL i found out your living at home still. This is a respect issue.

First, its your parents house. Respect their rules or move on. They pay for the place, they set the rules. Respect them

Second, if you have an NFA item. Your a grown ass man. Where are you taking the ladies you get serious with? Back home to Mom and dads? Have some self respect!

 

[BiscuitsandGravy]

Rough crowd today... Especially with PC's Sesame Street GIFS.

Harsh. As I tell my teen age sons... Time to man up guys.

 

[CindyE]

Well, I am wondering how he was going to fight to stay in "His Home" if I read that one correctly.
I really hope I am mistaken here.

That comment got to me, too. Entitlement issues. He thinks his parents have unrealistic expectations, but i think they are not the only ones...
OP, best to get on your own sooner rather than later, even if you have to sell some of your guns. There will be more guns to buy later.

 

[BiscuitsandGravy]

That comment got to me, too. Entitlement issues. He thinks his parents have unrealistic expectations, but i think they are not the only ones...
OP, best to get on your own sooner rather than later, even if you have to sell some of your guns. There will be more guns to buy later.

Yep, Someone once said... 'guns are like buses... wait long enough and another one will come along'.

 

[churchmouse]

Yep, Someone once said... 'guns are like buses... wait long enough and another one will come along'.

Oh so true.

So true.

 

[Dirtebiker]

That comment got to me, too. Entitlement issues. He thinks his parents have unrealistic expectations, but i think they are not the only ones...
OP, best to get on your own sooner rather than later, even if you have to sell some of your guns. There will be more guns to buy later.

Didn't sound like the parents were unrealistic at all, actually sounds like they (like way too many parents) let the kids walk over them and make the rules.
there are obviously exceptions, but once kids are 17-20 yo, time to leave the nest.