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    JaZy's Avatar
    JaZy Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Aug 25, 2008, 01:14 AM
    Violation Of Probation
    My name is Jeff and I Live in New Jersey and I violated probation on my last visit, which was June 4th.. I was due to be off probation on June 25th. I did not get a notice of the violation or a court summon until 2 months after I was off probation. Are they still able to prosecute this? I'm thinking of getting a lawyer and fighting because I believe they filed the violation after my Probation period was up.. can they do that?
    hjpan's Avatar
    hjpan Posts: 902, Reputation: 29
    Senior Member
    		  
    #2

    Aug 25, 2008, 01:23 AM
    You should argue about the probation cause the notice was late.
    JaZy's Avatar
    JaZy Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Aug 25, 2008, 01:28 AM
    Well, they told me to contact my probation officer and see if I could be put back on probation, but I don't want to contact anyone until I do a bit more research, and find out if this is fightable because if so I plan on getting either a public defender (since I don't have much money) or a lawyer if its needed. I mean a month and a half after I was supposed to have been released is a bit late to send me the information about it. I don't find it very fair, and even the prosecutor was a baffled by it, and he said that he spoke with the judge and was told that he has to prosecute it regardless.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 25, 2008, 05:04 AM
    Hello J:

    I think the prosecutor is lying to you. He doesn't have to do ANYTHING the judge tells him. HE runs the show - not the judge. I also think you're right about the violation. Call the PD's office.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Aug 25, 2008, 07:19 PM
    I thought the Judge ran the show.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 25, 2008, 07:34 PM
    Hello again, twink:

    IF the prosecutor decides to bring a case, THEN the judge runs THAT show. But if the prosecutor don't bring it, it don't get brung.

    excon
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #7

    Aug 25, 2008, 07:36 PM
    The judge is there to apply the law. The DA determines who goes before the judge.

    To the OP: it seems counter productive for you to admit your probation violation on an open forum then want to fight it.
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