The suggestion of a 5 year probation period which includes mandatory testing for that whole period floored me. What corrections system has the resources to accommodate that level of intense supervision for non-violent offenders.
Most corrections systems have the capability, and most offenses are non-violent.
There are supervision programs where you can game things and stay a step ahead, but many courts across America do a pretty good job at putting people who can't follow the rules of probation into the pokey. Probation has levels of supervision. Some people have to come in once a week (maybe every other week) if they're under intense supervision, but most people are in lower levels of supervision with once a month visits or phone/zoom visits.
Now would it be 5 years? Maybe....here in Ohio that's the maximum amount of time you can be supervised under state law, but in Florida you can have DECADES of probation.
In reality, I could see 2-3 years of probation.
I think he actually did go in planning on that but then the deal was a lot worse than he was expecting because in his dumb hubris
Yep. Inside the Balldobunker he can construct a vision of the world.....that then gets smashed into a million pieces once his notions get laughed at by the court or prosecutor.
The Fates laugh at Nick and love it when he tempts them
So can someone with actual legal knowledge explain what the scenario would be if Nick takes the guilty plea, but then gets charged with the cybercrime stuff regarding Aaron?
If he were to get charged with this computer stuff it wouldn't invalidate a plea offer or trigger probation. It was criminal activity that was committed prior to the imposition of a sentence. That said, there's nothing to prevent a court from taking notice at sentencing that Nick has since been indicted for additional criminal activity and using that to temper his decision of jail vs. probation.
As
@AnOminous said, if his attorney knows the charges are coming, seeking a global resolution (to both cases) is the best option. Get everyone on the same page and get everything worked out. I'd want to do a global if at all possible.
Does that mean probation officers can impose their own conditions in addition to those specified by the court/in the plea bargain?
Kinda. They don't get to impose things on their own whims. They're employees of the court and around here (at least)..
Example:
You come in and explain to them you are using meth again.
They can violate you, or if you've been someone that wasn't a complete faggot to monitor, they might try to help you get into an Intensive Outpaitient Program (IOP) if there's a way to help you short of a violation. Around here, you will agree as a condition of probation to comply with all "conditions and treatment recommendations from medical providers and/or based on risk assessment tools".....so yes, they can somewhat do things as they wish, but it's within terms set forth by the court.
There are times where a PO has discrertionary authority over you when it comes to things like travel (sometimes you have to then file motions in court if your PO won't let your travel, for example) or who you can associate with.
Here are some examples of Probation General Terms and Conditions. These are the default conditions everyone in a court may have and don't count the special conditions a court may impose of their own accord.
