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    Leinahtan's Avatar
    Leinahtan Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 9, 2010, 03:32 AM
    Probation Extension, but why?
    I have been serving 6 months for a misdemeanor involving MJ. I chose to go to school during my serving period, and have stayed in thus far. Every drug test I have been clean, all fines and payments to my officer have been taken care of. My officer sees people the first two weeks out of the month, I go the first week, my GF goes the second.

    I have completed my time as of today, however last week my officer told me to come in next month. Can she do that? Just because my date (Aug. 8th) was not by the time of my next appointment? I want to get my life back, and I will not sit by while she takes another month out of my time unless I have too. Can anyone tell me whether I can fight this?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 9, 2010, 05:37 AM
    Quote Originally Posted by Leinahtan View Post
    Can anyone tell me whether or not I can fight this?
    Hello L:

    Write you PO a certified letter explaing the dates to her. Send a copy to the judge. Tell her that unless there has been a mistake, you are no longer going to report because your sentence is completed. Send your letter return receipt requested.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Aug 10, 2010, 07:28 AM

    Until the Judge terminates your probation you are still on probation regardless of what the calendar says. Some states will send you a copy of the Order of Termination and other states do not. If you have not received the Order of Termination contact the Clerk of Court Criminal Division and ask them what the drill is when your probation is terminated if it needs an Order of Termination or just a notation in the Court file.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Aug 11, 2010, 10:14 AM

    Exie, PO's only advise the Judge about the probationer's eligibility for termination of probation. It's really all up to the Judge to sign the Order of Termination. He can take his own sweet time and sign it weeks after the probationer has finished his probation. I've seen that happen several times. Best not to literally count on a certain date as being terminated from probation. Wait until the Judge signs the order whether you get a copy of it or not. If you don't get a copy go down to the Courthouse and have the Clerk made a certified copy of the order that is in your official Court file. This way you know for sure you're off probation per the Judge and have the paper to prove it.

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