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-   -   Illegal sentence (https://www.askmehelpdesk.com/showthread.php?t=401075)

  • Sep 29, 2009, 02:23 PM
    sickofthesystem
    Illegal sentence
    I was sentenced to 3 months in jail and the rest of the term on probabtion. I violated after being released and did another 3 months when I went to court my lawyer was able to prove that my so called victim was lying and I should have never received a violation. The judge released me and reinstated my probation. Now I have start all over again on my anger management. I did 17 hours of 24, now I'm expected to finish before my probabtion is supposed to expire which is impossible. I was released in may, and I'm supposed to finish 24 weeks of classes before July. See my problem? I'm on class number ten now. But I'm still on probabtion. The max sentence for my crime is 1 year. I'm over that by a few months. Now I find out today they want to violate me again. How can they violate me in October when I was supposed to be off in July. Isn't this considered an illegal sentence?
  • Sep 29, 2009, 02:41 PM
    JudyKayTee

    You already have an Attorney - what does he/she (who is far more familiar with the circumstances of your sentencing) say?
  • Sep 29, 2009, 02:58 PM
    artlady

    If one of the stipulations of your getting off probation was the completion of classes then it makes sense that they would not be release you until you have met the criteria for release,ie' classes.

    Have you missed any classes? If so,do you have a legitimate excuse for missing them?
    What is the policy on missed classes?
    If you have followed all of the requirements in the alloted time than I would speak to your PO.Before they take matters into their own hands.

    There are only so many weeks in a month.Are you sure this isn't just a clerical error?

    It makes no sense that you are required to do 24 weeks. Of classes in a two month period.

    As to weather this is an illegal sentence ,I have no idea ,I am not a legal expert but I know that it is mathematically impossible to get 24 weeks out of two months.
    Talk to the teacher of your class as well.
  • Sep 29, 2009, 03:01 PM
    sickofthesystem
    He has been no help at all, every time I call he's not in the office. His assistant is clueless almost seems like my lawyer sides with the state more than his clients. I was told to get a lawyer that doesn't work in my county. His office is right across the street from the court house. He uses the term frequently '' don't want to upset them'' I would also like to state that the first violation was for burglarizing my own residence (ex found out about my other girl and lied to the police) I keep getting screwed and I'm sick of it.
  • Sep 29, 2009, 03:03 PM
    sickofthesystem
    Quote:

    Originally Posted by artlady View Post
    If one of the stipulations of your getting off probation was the completion of classes then it makes sense that they would not be release you until you have met the criteria for release,ie' classes.

    Have you missed any classes? If so,do you have a legitimate excuse for missing them?
    What is the policy on missed classes?
    If you have followed all of the requirements in the alloted time than I would speak to your PO.Before they take matters into their own hands.

    There are only so many weeks in a month.Are you sure this isn't just a clerical error?

    It makes no sense that you are required to do 24 wks. of classes in a two month period.

    As to weather this is an illegal sentence ,I have no idea ,I am not a legal expert but I know that it is mathematically impossible to get 24 weeks out of two months.
    Talk to the teacher of your class as well.

    I mentioned this to the judge and she said do the best that I can, it makes no sense.
  • Sep 29, 2009, 03:06 PM
    artlady
    Quote:

    Originally Posted by sickofthesystem View Post
    he has been no help at all, everytime i call hes not in the office. his assistant is clueless almost seems like my lawyer sides with the state more than his clients. i was told to get a lawyer that doesnt work in my county. his office is right across the street from the court house. he uses the term frequently '' dont want to upset them'' i would also like to state that the first violation was for burglarizing my own residence (ex found out about my other girl and lied to the police) i keep getting screwed and im sick of it.

    If your PO is not available to you,go over his head.He must have a supervisor who he has to answer to.
  • Sep 29, 2009, 03:08 PM
    artlady
    Quote:

    Originally Posted by sickofthesystem View Post
    i mentioned this to the judge and she said do the best that i can, it makes no sense.

    Then I don't see why they would violate you.I would see what you class teacher can do to help you straighten this out.
    Perhaps he would be willing to submit a statement that you have been participating and putting in a solid effort.
  • Sep 29, 2009, 03:19 PM
    sickofthesystem
    Quote:

    Originally Posted by artlady View Post
    Then I don't see why they would violate you.I would see what you class teacher can do to help you straighten this out.
    Perhaps he would be willing to submit a statement that you have been participating and putting in a solid effort.

    Its funny you should say that, when I signed up for anger management the counsler didn't understand it either she mentioned she would go to court for me after 12 weeks and ask the judge to relieve me if the other classes. I just don't understand why I'm still on probation, I've heard of numerous people winning lawsuits based on the situation. I'm baffled.
  • Sep 29, 2009, 07:21 PM
    artlady
    Quote:

    Originally Posted by sickofthesystem View Post
    its funny you should say that, when i signed up for anger management the counsler didnt understand it either she mentioned she would go to court for me after 12 weeks and ask the judge to relieve me if the other classes. i just dont understand why im still on probation, ive heard of numerous people winning lawsuits based on the situation. im baffled.

    I think trying to fight city hall,as the old expression goes is more often than not a losing battle.
    The powers that be usually come out on top in the end. Sad to say,sometimes the scale of justice leans in the wrong direction.
  • Sep 29, 2009, 08:11 PM
    ballengerb1

    Not a lawyer but if you stood before a judge and he reinstated your probation he did not vacate your conviction or, apparently, believe the ex was telling a lie.

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