Commonwealth of Virginia v. Austin Curtis Peterson - JA010478-02-00 Assault and Battery on Family Member & GC24002688-00 DRUGS: POSSESS SCH I OR II

[HexFag]

austingambles is a bit of a special case so there's no telling how a violation will be handled. Personally I just hope the supervision is minimal. Can you imagine if they forced him to get a job?

Do you think it'd be possible in any case for Austin to spin his Twitch gambling stream as a "job" if a situation like that were to ever come up? He is technically "working" for Chips at the moment.

 

[lol cow supreme]

Do you think it'd be possible in any case for Austin to spin his Twitch gambling stream as a "job" if a situation like that were to ever come up? He is technically "working" for Chips at the moment.

He would definitely try to claim that he is a professional streamer earning income from twitch. The issue with this is probation orders and wants to see what is called "gainful employment". This is two fold.

1: Being gainfully employed means paying your bills. Austin has none. The state wants you to be paying your way to build responsibility, and to limit your disposable income to be spent on drugs etc. If you're able to pay your bills with what you are doing as long as its legal, they will consider that as gainful employment. Anyone could CLAIM they are a streamer, put a few videos on youtube etc, but if you're not paying your bills with the money they wont count it. THIS could be why Austin is stating he needs to pay rent to his parents. Paying even a small rent shows gainful employment and legitmizes Austin's claim he is a streamer. "Look i get moneyf rom twitch, its enough to pay my rent". Otherwise every lazy fuck on probation/parole would just claim they are a streamer and wont go looking for a job.

2: Being gainfully employed, typically with an employer, takes away your idle time and makes you accountable to another person/organization. This removes your idle time to be used for crime. Idle hands and all that. A common response when someone on probation is before a judge for failing to obtain gainful employment is "Well i have some applications out but no one hiring me". The judges reply is to go apply to mcdonalds, amazon, walmart etc who are always hiring. They arent trying to make them work for minimum wage because of 1, but they need to be occupied.

This is where Austin's choice of employment could be an issue. He is "self employed" streamer, not accountable to anyone, with in his own words "all my needs provided for". If he doesnt stream enough etc to earn enough for rent, so what? he'll still eat cus mom feeds him etc. Also his streaming is his idle time that leads to his degen behavior and drug use. Even if he can pay his "rent" with the streaming income, its just him sitting around gambling all day. They would be worried about this leading to relapse.

Often they do not prefer, and some not allow, self employment unless there is a proven track record of a legitimate business, such as a landscaper with multiple employees, or proven contract customers.

if Austin were to claim to be working for "Chips" or any of his sponsors, it would be very tricky. First, gambling online in his state is not considered legal, although its not something they'd arrest him for. He'd also have to have a separate pay, and not just credits in his wallet for gambling purposes. It also goes into the territory of are these "sponsorships" income, and Austin's super interesting tax situations.

Jumping back into reality, Austin was already serving a 10 year probation for his prior felony conviction when all this started, including on stream drug use, not having a job etc... and it seems he was able to fly under the radar until getting new charges. I'd suspect drug testing for the next 6 months to a year, then just scheduled check ins for the last 2 years of probation, if that.

 

[AnOminous]

From all the YouTube court shit I've watched, I've never seen a probation violation result in the full sentence being imposed. The judge would typically take a portion of the sentence (e.g. 10 days of an imposed 6 months), jail them then continue the probation after they got out.

They might if the probation violation was for committing some new even more serious crime. Most of the time, though, it's dumb shit like shoplifting, blowing a drug test (or a few drug tests), a DUI (with no other harm), etc.

 

[Laughingator]

They might if the probation violation was for committing some new even more serious crime. Most of the time, though, it's dumb shit like shoplifting, blowing a drug test (or a few drug tests), a DUI (with no other harm), etc.

Or really piss the judge off and they'll throw the book at you with a maximum sentence.

 

[Kees H]

Austin got his drivers license suspended by the courts during his conviction after his guilty plea (screenshot was taken today):



The part I marked in red is interesting.. The court records state his license wasn't surrendered to the court. So, I of course got autistically fascinated by this. What would happen if this is true, he didn't surrender his license to the courts and he still has it on his person? On stream it really looks like he doesn't realise his license got suspended for 90 days, so it's safe to assume it's still on his person (although it has a massive hole in it).

Well, under Virginia code section § 46.2-612 this might be another Class 2 misdemeanor he might eventually get charged with:

https://law.lis.virginia.gov/vacode/title46.2/chapter6/section46.2-612/

Spoiler: Text of code section § 46.2-612

§ 46.2-612. Failure to surrender revoked certificate of title, registration card, license plates or decals; other offenses relating to registration, licensing, and certificates of title; penalties.​

A. It shall be unlawful for the owner of any motor vehicle, trailer, or semitrailer, for which license plates, decals, or registration cards have been revoked pursuant to this article, to fail or refuse to surrender to the Department, on demand, a certificate of title if it is incorrect in any material particular. Violation of this subsection shall constitute a Class 2 misdemeanor.
B. No person shall:
1. Display or cause or permit to be displayed any registration card, certificate of title, or license plate or decal that he knows is fictitious or that he knows has been canceled, revoked, suspended, or altered; or display or cause or permit to be displayed on any motor vehicle, trailer, or semitrailer any license plate or decal that he knows is currently issued for another vehicle. Violation of this subdivision shall constitute a Class 2 misdemeanor.
2. Fail or refuse to surrender to the Department or the Department of State Police, on demand, any certificate of title, registration card, or license plate or decal that has been suspended, canceled, or revoked. Violation of this subdivision shall constitute a Class 2 misdemeanor.
3. Use a false name or address in any application for the registration of any motor vehicle, trailer, or semitrailer, for a certificate of title, or for any renewal or duplicate certificate or knowingly make a false statement of a material fact, knowingly conceal a material fact, or otherwise commit a fraud in any registration application. Violation of this subdivision shall constitute a Class 1 misdemeanor.

So it's perfectly possible that they aren't even counting the 90 days from the moment of conviction because he didn't surrender his license to the courts, and he might catch another Class 2 misdemeanor for this if he doesn't surrender the document soon. He might even catch another contempt of court charge for this. If he drives a car right now on the suspended license he might still have on his person this is considered driving with a suspended license and he's fucked as well.

Of course, it's also perfectly possible the court records aren't up to date and his parents and/or his lawyer handed in his license but Austin doesn't realise that happened, but he seems convinced on stream he is able to buy a car and drive it off of the lot (given that he ever manages to keep the money to even buy a car).

 

[The Stranger]

Well, under Virginia code section § 46.2-612 this might be another Class 2 misdemeanor he might eventually get charged with

Does picking up another charge (even if not related to drugs or DV) count as a violation of his probation? I assume it does since that's the standard but don't know for sure.

 

[Laughingator]

Does picking up another charge (even if not related to drugs or DV) count as a violation of his probation? I assume it does since that's the standard but don't know for sure.

Oh yeah, almost every probation has in it as a condition that if you pick up another case that your probation may be (and probably will be) violated.

 

[lol cow supreme]

Does picking up another charge (even if not related to drugs or DV) count as a violation of his probation? I assume it does since that's the standard but don't know for sure.

Yes. The severity of the charge and number of the charges will depend on the severity of the violation. There's a worksheet you can download to see the sentencing guidelines for violations, as well as the legal definition of violations, either major or minor. These get reported to the probation office, who then decides if they want to push a violation charge where you go to court (or in the case of catching a felony the court does it)

You can read that here https://law.lis.virginia.gov/vacode/19.2-306/ and about the "technical violation" versus a regular violation. Basically if he missed an appointment or forgot to update someone vs he went out and committed another crimerooski... https://law.lis.virginia.gov/vacode/19.2-306.1/

There is some interesting bits on the technical violation however, where it states the court should not incarcerate upon the first technical violation, and is urged to not upon the second technical violation either. So Austin gets 2 free technical fouls.

"technical violation" means a violation based on the probationer's failure to (i) report any arrest, including traffic tickets, within three days to the probation officer; (ii) maintain regular employment or notify the probation officer of any changes in employment; ... (vii) refrain from the use, possession, or distribution of controlled substances or related paraphernalia;

So Austin could technically get two free crackerooski binges without having his probation revoked and going to prison.

C. The court shall not impose a sentence of a term of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation, and there shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of a suspended sentence or probation.

If Austin however catches another conviction of a criminal offense, they will. Driving with a suspended is a criminal offense (class 1 misdemeanor, same as Austin's domestic violence charges). FYI a "criminal offense" is anything punishable with jail time, vs fines only.

 

[Useful_Mistake]

I'll see if I can get any of these documents.

JA010478-02-00:


JA010478 (1755?) -04-00:

 

[lol cow supreme]

Austin Curtis Peterson had an arraignment hearing this morning in Louisa Circuit Court, where instead of just an arraignment and later scheduling a hearing and sentencing hearing, they did it all at once.

For Drug Possession Schedule I or II Sentenced to 3 years in jail, with the 3 years suspended. 5 years supervised probation.

View attachment 6937265

For Violation of Felony Probation, same as above.
View attachment 6937272

The fleeing and eluding charge is pending update.

Edit for clarity: When someone is sentenced to 3 years, and have 3 years suspended, that means all 3 years of the jail sentence are suspended pending completion of probation. In this instance if Austin makes it all 5 years of probation without messing up, he'd free and clear. If not, he could get part or all of these three years just for messing up a drug test or getting a new charge.

IF he was sentenced to 5 years, with 3 suspended, that would mean you do 2 years in jail/prison.

In a bizarre occurance, Austin's sentences have been updated at some point.

For the Drug Possession he now has the same 3 years in prison/3 suspended (no prison time), but now its 2 years probation instead of 5!

Same for the felony probation violation:


The fleeing/elluding remains unchanged at 6 months/

 

[Useful_Mistake]

In a bizarre occurance, Austin's sentences have been updated at some point.

For the Drug Possession he now has the same 3 years in prison/3 suspended (no prison time), but now its 2 years probation instead of 5!
View attachment 7119143
Same for the felony probation violation:
View attachment 7119149

The fleeing/elluding remains unchanged at 6 months/

You reckon it might be worth looking into?

 

[lol cow supreme]

You reckon it might be worth looking into?

It is curious isnt it? Its very uncommon to see probation be less than the jail sentence as well. Maybe Austin's court appointed lawyer (Attorney Bryan Jones) is an absolute legal beast?

 

[False and Misleading]

Wonder if they were updated for his impending arrest

 

[The Stranger]

Wonder if they were updated for his impending arrest

@lol cow supreme Could they have taken the 3 years off because they're about to send him to his 3 year sentence? I'm not sure if this is new but the "Probation Starts" says PROBATION TO BEGIN UPON RELEASE - that could mean the initial release from jail or maybe the next release in 3 years.

Edit: I went back in the thread and the probation to begin thing has been there since the initial release so idk. I still think they're planning on sending him to jail.

 

[lol cow supreme]

PROBATION TO BEGIN UPON RELEASE

This is just common and states when probation started. Its always said this, as he was still incarcerated when he was sentenced. Lets say he got more time on the domestic violence charges and had to do 6 more months in there, the circuit court didnt want their probation starting until he got out. Cus the first 6 months wouldnt really count, how can you be on probation and in jail at the same time?

 

[Flaming Dumpster]

Wonder if they were updated for his impending arrest

LCS and I were looking at this before the nuclear piss was submitted to his PO so unless he blew the machine up last time, they couldn't have known that he was about to violate. Nor do they move that fast anyway, previously it'd take days for records to be updated in the circuit court system.

In other news: Austin is a broke nigga who has not paid his court costs



The one that is due now relates to his felony probation violation.

 

[break these cuffs]

LCS and I were looking at this before the nuclear piss was submitted to his PO so unless he blew the machine up last time, they couldn't have known that he was about to violate. Nor do they move that fast anyway, previously it'd take days for records to be updated in the circuit court system.

In other news: Austin is a broke nigga who has not paid his court costs
View attachment 7125164
View attachment 7125166
View attachment 7125167
The one that is due now relates to his felony probation violation.

Dewd, how is he supposed to pay when his employers keep scamming him? Why aren't they investigating Rainbet or Chips? Why do they care so much about what Austin does in the privacy of his parents' home? Virginia's, more like Virgin's, government is so weird.

 

[lol cow supreme]

LCS and I were looking at this before the nuclear piss was submitted to his PO so unless he blew the machine up last time, they couldn't have known that he was about to violate. Nor do they move that fast anyway, previously it'd take days for records to be updated in the circuit court system.

In other news: Austin is a broke nigga who has not paid his court costs
View attachment 7125164
View attachment 7125166
View attachment 7125167
The one that is due now relates to his felony probation violation.

As an addendum Austin has not yet paid any of his court costs. Reminder he is convicted in two separate courts and the domestic violence charges are in the J&DR court.

Austin's current legal debt owed to the state is $1449.05
Drug Possession: $705
Fleeing/Eluding: $115
Violation of Felony Probation: $193
First Domestic violence: $106
Second Domestic violence: $330.05

Dont worry, he ha 2 years to pay 2 of them. Ones past due though. That's not gonna be a good look, considering its for the probation violation.

Edit:
Actually the first domestic he only owes $10. I suspect money he had on his books for commisary went to pay his fines on this one.

 

[The Stranger]

Ones past due though. That's not gonna be a good look, considering its for the probation violation.

Is a past due payment another technical violation? Between the crack-rockarooski and not turning in his license that's already 2 technical violations he has/could have

 

[Thomas Talus]

Is a past due payment another technical violation? Between the crack-rockarooski and not turning in his license that's already 2 technical violations he has

Could just mean it gets sent to collections.