Free Probation Petition re Bail Revocation - District Court of Delaware - Delaware


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Date: September 11, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :06-cr-00101-JJF Document 42 Filed 09/11/2007 Page 1 of 2
PS 8
(Rev 02/94)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Criminal Action No. l:06CR0010l -001 (JJF)
)
James A. Ball, III )
)
Defendant )
Petition for Action on Conditions of Pretrial Release
COMES NOW CAROL L. SAIN PRETRIAL SERVICES OFFICER presenting an official report upon the
conduct of defendant James A. Ball, HI who was released under pretrial release supervision by the Honorable Mary Pat
Thynge, sitting in the court at Wilmington, on the 5th day of December 2006 under the following conditions:
7(a): The defendant shall report to Pretrial Services as directed;
7(e): The defendant shall seek or maintain employment;
7(g): The defendant shall surrender any passport to: Clerk of the District Court.
7(I): The defendant shall not travel outside the states of Delaware and Pennsylvania without permission Brom
the pretrial service officer,
7(o): The defendant shall refrain from any use of alcohol;
7(p) The defendant shall not possess or use an illegal controlled substance;
7(q): The defendant shall participate in alcohol! drug testing;
7(u): The defendant shall report as soon as possible to the pretrial services office or supervising officer any
contact with any law enforcement personnel, including, but not limited to, any arrest, questioning, or
traffic stop.
7(u): The defendant shall report as soon as possible, tothe pretrial services office or supervising officer any
contact with any law enforcement personnel, including, but not limited to, any arrest, questioning, or
traffic stop.
7(v): Defendant shall pay for the representative provided by the Federal Public Defender’s Office in the amount
of $500/month beginning l2/5/06. All subsequent payments shall be due on or before the 5th of the
months following until full payments for the representation is made.
7(w):Regarding 7(I), must obtain permission from Pretrial Service no less than 24 hours before the scheduled
travel.
7(x): Defendant shall not be released until the first payment for representation is made.
RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT AND FOR CAUSE AS FOLLOWS:
(If short insert here; if lengthy write on separate sheet and attach)
Please see attached.
PRAYING THAT THE COURT WILL ORDER that a warrant be issued for the arrest of James A. Ball, III, so that
he can be brought before to answer the charge of violating the terms of his pretrial release.
ORDER OF COURT I declare under penalty perj · the foregoing
is true an orrec
So ordered this I I day ol` __ _ _ I L E D
e., ~~ -L·-=..: 2007. U.S. Pre ial ervices Of er
‘· \ I ··, `yl Plac Wilmin n Delaware
A -· L. J · 1 fh ·r~— ·~-— Datetseptember 10, 2007 S EP i 1 EUG?
US Distri t Judge __/I -
¤ l_.._....e. l
1lS QT=lS'*?iCi CCURI |

Case 1 :06-cr-00101-JJF Document 42 Filed 09/11/2007 Page 2 of 2
Condition 7go ): "The defendant shall refrain from any use of alcohol."
Evidence: On May 10, 2007, James Ball was stopped by Hampden Township Police Department for suspicion of
driving under the influence. Mr. Ball admitted to the police officer that he had been drinking Yeager bombs, a
known alcoholic beverage. This charge is still pending.
Condition 7g pg: "The defendant shall refrain from any use or unlawful possession of a narcotic dwg or other
controlled substance defined in 21 U.S.C. § 802, unless prescribed by a licensed medical
practitioner?
Evidence: Mr. Ball submitted urine specimens on the following dates that have tested positive for the use of a
controlled substance:
Date Scientific Testing Laboratories Drug
Specimen No.
12/15/06 C00234488 Cocaine
01/19/07 C00620038 Cocaine
Condition 7gu): “The defendant shall report as soon as possible, to the pretrial services office or supervising officer
any contact with any law enforcement personnel, including, but not limited to, any arrest,
questioning, or traffic stop."
Evidence: l\/3. Ball was arrested on the following dates for the indicated charges: April, 16, 2007, in Silver Spring
Township, Pennsylvania, for driving with a suspended license and failure to stop at red signal; May 10, 2007, in
Hampden Township, Pemisylvania for driving under the influence, and driving with a suspended license; and June
11, 2007, in New Ciunberland, Pennsylvania, for issuing a bad check, All charges are still pending.
Mr. Ball failed to verbally advise his pretrial service officer of his law enforcement contact on the above noted dates.
On his Pretrial Service Supervision Reports dated April 3, 2007, May 9, 2007, July 26, 2007, and July 30, 2007, he
specifically marked an “x" in the box “no" asking the question, "Have you been questioned by law enforcement or
arrested since the last Pretrial Services Supervision Report?"