There is suppose to be a hearing on the east coast, about the validity
of probation on cases where probation is not mentioned in the charges.
Is this case really in the court?

magprob

I think the judge must follow the sentencing guidelines set forth in the state laws. However, a judge can include anything in the sentence he feels will benefit the defendant. Within reason. If there is such a case, it will be interesting to see the ruling. I have looked a little but I can't find anything on it.
And then, next years revised statues will just include probation, if applicable, for each and every offense.

Fr_Chuck

first of course this could be bad for those on probation, since if probatoin was disallowed, they would end up having to serve the sentence, since probation is given instead of probation.

magprob

Very good point. I was thinking Fr Chuck, whom ever started this litigation must have wanted to go to jail instead of getting to eat and sleep at home! A lot could be said about that but I'll leave it alone.

Fr_Chuck

yes, I really have not followed the case ( nor could I find it,) but from working in the court, the person is actually sentenced to ..... years, but allowed probaton instead , thus if they violate the probation, they have to go in and serve the balance of sentence. ( ** or something in that idea)
so if probation was declared invalid in cases where not speicificly noted as part of the sentence, then everyone on probatoin would be automaticly delared to be locked up.** but of course that may be the idea, since prisons are fulll they couldnot lock them all up.

But with the current courts, even if ruled at state level the eastern federal courts would never accept it, and the Supreme court currently would not.
They should have tried it in Califorina maybe

excon

Hello pan:

That's just another jailhouse rumor. In the first place, for it to have anything to do with you, it would have to be decided by the Supreme Court.

Plus, when someone is charged, they never mention any possible sentence in the charging documents. Indeed, what someone could be sentenced to has nothing to do with how one is charged.

excon

pankratz

Pankratz here,
I should have added that my offense was not drug related.
I intend to go before a judge in 8 months to try to get off of the
3 years probation.
There is no mention of any probation in the federal statutes.
Since there is not anything about probation on my charges,
is it legal to have probation on any and all charges?
I have a clean record, no violence, guns or drugs.