Meet 23 y/o Allison Voner, who was on probation in Framingham, Mass for credit card fraud and who either had no driver license or who was under court order not to drive (I'm, not sure which), but who drove nonetheless and.. this is what makes her so, er, "special", video taped herself driving, while apparently smoking heroin and cocaine and going off on a "tirade" - a rant - against her PO.
So? What's the big deal you ask? Good question. Excellent question in fact. Even probationer's are free to make videos. And who's to say that in this video anyone was actually smoking crack and heroin? It could have been anything right? And maybe Allie here wasn't driving at all and was just, um, positioned behind the wheel of a car. And don;t we all enjoy the right to free speech? Including the right to rail off against our probation officer? The answer to all of those questions would be, "Affirmative".
However, Allie must've been banged up because she was driving and the car was moving, in fact it passed right in front of the another courthouse (presumably the one which her Judge ordered her held a courtesy on top of her "no bond" probation hold). And how do we know all of this? Yup.... Wait for it.... SELF-INCRIMINATION.
Allie, banged-up doper idiot that she is, posted her production / directing debut on social media (in this case on Facebook) for the world, which included her PO, and then subsequently her prosecutor and Judge to watch, in full color and sound.
Per the Judge: "I just saw the most incriminating video I've ever seen in my 36 years".
The video was brought to the Judge's attention after Allie's PO saw it on social media (Facebook). The PO brought it to the Judge as an exhibit in support of her request for issuance of a probation warrant. The Judge viewed the video with the PO, a prosecutor and Allie's own lawyer. After viewing the video the Judge was quick to oblige.
Allie's lawyer argued for bond alleging that "She frequently Facebooks out entertaining videos... It was meant as an entertaining video only. It was comedy".
Memo to Allie's defense lawyer: Practice picking your words and arguments slightly better counselor. That boneheaded argument earned you a terse reply from the Judge: "She achieved her goal. It was the most entertaining video I've seen. It was entertaining and it was tragic." Not to fail to mention that it resulted in not one but 2 "no bond holds" as well as 2 new substantive charges.
Not withstanding this poor choice of argument defense counsel did take his shot at seeking diversion from jail to rehab, but the Judge wasn't buying that either, stating that "I'm a little suspect of the timing of her request [for rehab]... She appears to be very intelligent, very manipulative".
Memo to the Folks (and Allison, for what it's worth to her now): Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
That, and, 1) Don't post anything on social media that you would no want either your Mother or your Probation Officer to see and 2) stay off of social media when you are on bond, on probation, committing crime or are otherwise at risk of being arrested.
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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