Filed: Feb. 26, 2018
Latest Update: Feb. 26, 2018
Summary: Petition for Action on Conditions of Pretrial Release ROBERT B. JONES, JR. , Magistrate Judge . COMES NOW Erik J. Graf, U.S. Probation Officer of the court, presenting an official report upon the conduct of defendant, Ana Rosa Fernandez, who was placed under pretrial release supervision by the Honorable Robert B. Jones, Jr., U.S. Magistrate Judge, sitting in the Court at Wilmington, on the 5th day ofFebruary, 2018. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
Summary: Petition for Action on Conditions of Pretrial Release ROBERT B. JONES, JR. , Magistrate Judge . COMES NOW Erik J. Graf, U.S. Probation Officer of the court, presenting an official report upon the conduct of defendant, Ana Rosa Fernandez, who was placed under pretrial release supervision by the Honorable Robert B. Jones, Jr., U.S. Magistrate Judge, sitting in the Court at Wilmington, on the 5th day ofFebruary, 2018. RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS: ..
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Petition for Action on Conditions of Pretrial Release
ROBERT B. JONES, JR., Magistrate Judge.
COMES NOW Erik J. Graf, U.S. Probation Officer of the court, presenting an official report upon the conduct of defendant, Ana Rosa Fernandez, who was placed under pretrial release supervision by the Honorable Robert B. Jones, Jr., U.S. Magistrate Judge, sitting in the Court at Wilmington, on the 5th day ofFebruary, 2018.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
Fernandez admitted during post-release discussions with her supervising probation officer that she has a diagnosed mental health issue for which she has received treatment in the past. Fernandez feels she needs to continue this treatment and resume a medication regiment. Further, Fernandez admitted during her processing onto pretrial supervision that she used marijuana during the weeks preceding her initial appearance. Due to this admission, the probation office feels a substance abuse assessment, and any treatment recommended as a result of that assessment, are warranted. Finally, Fernandez is on location monitoring supervision under home incarceration. As a result, it is not permissible she work outside her home. Due to these restrictions, Fernandez is unemployed, receiving no income, and is financially dependent on her daughter and her daughter's fiance. As a result, the probation office recommends Fernandez's "self-pay" status on location monitoring be stricken and that the probation office assume "agency pay."
PRAYING THAT THE COURT WILL ORDER
The probation office is requesting the following conditions be added or amended to Fernandez's existing conditions of supervision as laid out in the original Order Setting Conditions of Release signed on February 5, 2018:
• The defendant must submit to testing for a prohibited substance if required by the probation office or supervising officer. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, and/or any form of prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing.
• The defendant must participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the probation office or supervising officer.
• The defendant must submit to a mental health evaluation and participate in mental health treatment if necessary.
• The condition of "self-pay" location monitoring is hereby stricken, and the United States Probation office will assume "agency pay."
Reviewed and approved, I declare under penalty of perjury that the foregoing
is true and correct.
/S/ Robert L. Thornton /S/ Erik J. Graf
Robert L. Thornton Erik J. Graf
Supervising U.S. Probation Officer U.S. Probation Officer
2 Princess Street, Suite 308
Wilmington, NC 28401-3958
Phone: 910-679-2031
Executed On: February 23, 2018
ORDER OF THE COURT
Considered and ordered the 26th day of February, 2018, and ordered filed and made part of the records in the above case.
