Where do I find the forms to file for an appeal of probation violation; NO lawyer

How about a clue about where you live?

Carroll County, Ohio

where do I find the forms to file for an appeal of probation violation; NO lawyerHello again, cr:

So, now you KNOW why he's being held?? You didn't just a moment ago... You certainly can't appeal if you don't know what the charges are... Plus, he's going to have a hearing... If the violation is sustained, THAT'S the time to file an appeal... However, if he only committed a minor or technical offense, they'll let him out LONG before you can file an appeal.

So, why don't you tell us what you know?

excon

N0, Arrested & taken into custody that night--> hearing, released by signature --> probation department put hold on him --> remained in custody --> probation hearing found him in violation - mist charges dismissed --> deal EOCC in Wintersville 4-6 months;Hello again, cr:

Let's try to keep everything in one place... You need to find out exactly WHAT they found him in violation of.. Only then, can you appeal. There IS a reason. Your son probably has paperwork. It's written there.

excon

This is ALL that I know -- He has been held in County jail x 7 weeks -- held by probation department -- Probation hearing almost three weeks ago found him in violation (statement that he had been in a bar) no witness; Now holding him for transport to EOCC in Wintersville OH for 4-6 months;

He has 1 week to file an appeal of the probation violation hearing; I need to know where to find the forms necessary to file.

Can anyone help??

I need to know where to find the forms necessary to file.Hello again, cr:

There are no forms. Have your son write letter to whomever his appeal should be filed with. If he has 10 days left, he HAS paperwork telling him WHERE his appeal needs to be filed.. Nothing is left to guesswork. His letter WILL be accepted as an appeal...

However, the appeal has to be BASED on some mistake. It can't just be based on the fact that he doesn't like the decision. If he has PROOF that he wasn't in the bar, that should have been presented at his hearing... He KNEW that that was what he was being charged with.. They didn't just spring it on him.

Nonetheless, he should write the letter. You should write one too. Don't expect anything, though. Hope, yes - expectation, no.

excon

What are your grounds for appeal? I found this - "If you are put on probation (community control) in Ohio, you may have your community control revoked if you violate any conditions of your community control. But you must be afforded due process of law before your probation can be revoked. Based on the United States Supreme Court decision in Gagnon v. Scarpelli (1973), 411 U.S. 778, a defendant must be provided written notice of the claimed violations, disclosure of the evidence against him, an opportunity to be heard and to present witnesses and documentary evidence, the right to confront and cross examine adverse witnesses, a neutral and detached hearing body, and a written statement by the factfinder of the evidence relied upon and the reasons for the revocation.

The Eighth District Court of Appeals of Cuyahoga County just reversed a trial judge who abruptly called for a probation revocation and hearing and appointed defense counsel on the spot ("Mr. Defendant, meet your Ohio criminal defense lawyer"). The court of appeals found that the defendant had not received even "minimal due process at his community control violation hearing." But one court of appeals judge dissented and you can read both sides of the debate here."

If you have grounds you would file with the District Court of Appeals. Ohio Courts of Appeals (http://www.supremecourt.ohio.gov/JudSystem/districtCourts/)

I would not attempt an appeal without an Attorney - this appeal is NOT a local matter and IS a matter for a superior Court.

But without knowing your grounds for appeal it's difficult to know how to advise you.