View Full Version : Is My Sentence iLegal for my Charges?
weekender12
Jan 8, 2011, 09:02 AM
I have been told that I am serving an ilegal sentence for my charges. I have Probation of 5 years and 9 months. I have paid the first 1500 dollars in full and it was not restitution just court costs then I got vop'd as soon as I paid it off for talking to a no contact. The no contact has since been taken off. I also have to serve 3 weeks jailtime for 2010 which I completed now I have to serve 4 weeks jail time for 2011 I am called a weekender but I stay a full week. I am am an adj/withheld and my charges dropped to a 3rd degree misdeameanor. The orig charges Scheme to defraud/and personal use of ID. The house I purchased the lender never came after me who I have since worked with and sold the house and I have papers to prove no judgement against me. Oh and since the first VOP I also have to pay another 2000 dollars to the states attorney's fund. Now I have been VOP'd again this time for not reporting my correct money that I make and running a business with a guy in prison (who stole my identity and was on work release and stealing pictures and information and building a web page without me knowing and using my address). And of course I can not afford a good attorney so they stuck me with a Public Defender who always makes deals with the state. And the prosocutor on this case is DIRTY!! Every time I go to court he comes in carrying my file which he will not let anyone else handle. I always have to wait for him to get to the courtroom and instead of being in the courtroom for 15 minutes am there for hours cause he will not let anyone look at my folder nor will he release it. I have never had any charges before people keep telling me to go to the paper but when I tell the story its just to convuluted for anyone to believe. But I am living it. HELP!!
excon
Jan 8, 2011, 10:50 AM
Hello w:
It's TOO complicated... You need a lawyer to figure it out...
excon
JudyKayTee
Jan 8, 2011, 11:54 AM
I'd like to know who told OP he served/is serving an illegal sentence. The guy in the next cell or an Attorney?
Fr_Chuck
Jan 8, 2011, 12:14 PM
Yes, please stop rambling and actually state facts,
What was the original sentence ?
Was it reduced ? And if so was it reduced on appeal after you were sentenced ? If it was reduced on appeal was your sentence also changed or just the charges ?
On violation of probation, you can serve in prison up to the max time of your orginial probation time.
If you believe it is wrong you can appeal it, if you can show how it is wrong,
Your post was unable to be understood as written
JudyKayTee
Jan 8, 2011, 12:19 PM
Out of greenies so I can't balance Excon. Never a good idea to cause a problem for the very people trying to help you.
Fr_Chuck
Jan 8, 2011, 12:23 PM
Sorry exon out of greenies to balance you myself also
weekender12
Jan 8, 2011, 05:18 PM
My original charges where Scheming to defraud/and personnel use of id. My x husband made the claims. My charges were reduced to 3rd degree felony and no victim and no restitution and adj/withheld. So first question is who did I defraud? They gave me 1500 dollars court costs and 2 years probation and no contact with my co-defendent cause x husband asked for it even though he was not my victim. So I talked to my co defendant and got a VOP after that they were going to put me in prison for 18 months but my score is 25 points do not point out for prison. So instead the judge gave me 2 more years prob and DOC tacked on 9 months cause that is how long it took for the VOP to get settled and added 2000 more dollars to pay to the states attorney and added the jail time of 3 weeks in 2010 and 4 weeks in 2011. Now I got vop again cause they say I am lying about what I am making another false claim by my x-husband. So I am waiting for my sentence now. And in the meantime the no contact with the co-defendant has been dropped so I can now talk to him.
JudyKayTee
Jan 8, 2011, 06:29 PM
I'll go back to what Excon said right from the start - too complicated for a Q&A board. You need an Attorney (and a spell of good luck).
excon
Jan 8, 2011, 07:45 PM
Hello again, w:
You sentence is definitely illegal. When you're in court next, tell the judge and the prosecutor. If they don't believe you, tell them I said so..
excon