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auntie · Jan 12, 2007, 09:07 AM

My nephew is currently in prison for violation of probation. He's serving 3 years and gets out in March. He is now saying that he shouldn't have been arresed for violation since his probation expired on 9/24/04 and he was violated on 10/31/04. Is this even possible? He was arresed on 11/30/04 after his court hearing. Is there something he's not saying? Any opinion/advice would be greatly appreciated!

lostandnowfound · Jan 12, 2007, 09:18 AM

When did he violate? Accidents may happen if you do not have council to defend you... but I was on probation and once it expires it expires but if the crime or violation was intiated before the exp date they are in the right... it goes back before a judge... with him beign so close to getting of probation what did he do to mess it up?

ScottGem · Jan 12, 2007, 09:30 AM

Where's his atty in all this?

excon · Jan 12, 2007, 09:43 AM

Originally Posted by auntie

Is this even possible?

Hello auntie:

Sure, stranger things have happened - like executing innocent people - but I digress...

The problem nephew has, is his appeal rights have expired. So, as right as he may be, he's out of gas.

Now, if you have a lot of money to invest in a criminal defense attorney, then the outcome might be different. But, I'll bet you don't.

So, March is when?? Pretty darn soon, isn't it? Ok, I take back what I said about the expensive attorney. No matter how good he is, and no matter how bad the state was, nothing can be done before March.

What took him so long?

excon

lostandnowfound · Jan 12, 2007, 09:49 AM

I am not sure if excon has the same expeiences I have... but when I lock up... everyone was there because of someone else... it was never anyone's fault... it was a feemale or the man or whatever but self blame was not running aorund the jail like it probably should have been. When you are in and for a while you begin to take the I was done worng mind set... because that is what the feeling was in the lockup... if you want to know what's really up... try to research and get the whole story yourself from court and police/[robation documents if you can get them... I am sure there is more to it than he is letting you in on

auntie · Jan 12, 2007, 09:53 AM

He says his defense attorney wasn't very helpful. Some guy in Vero Beach, FL. His story: He was due in court for a hearing during the storms in 94 to have judge sign release of probation. Due to severe damage, the courts were closed. After that, his probation expired. He thought he was free. He and his wife had a loud argument and the neighbor called the sheriff.

excon · Jan 12, 2007, 10:00 AM

Hello again, auntie:

Like I said, he's getting out in 2 MONTHS. You have heard of "spilled milk", haven't you? What does he want to do, sue them? Get out now? Neither of those things are going to happen - not in the world I live in.

I don't know. People want some pretty ridiculous things, like those down below wanting ice water.

excon

lostandnowfound · Jan 12, 2007, 10:04 AM

Originally Posted by auntie

he says his defense attorney wasn't very helpful. Some guy in Vero Beach, FL. His story: He was due in court for a hearing during the storms in 94 to have judge sign release of probation. Due to severe damage, the courts were closed. After that, his probation expired. He thought he was free. He and his wife had a loud argument and the neighbor called the sheriff.

Now it sounds like the excuses are really flying from him... I think he messed up... he knew he had to do soemthing and missed the time... When your probation expires the judge doesn't sign anything... atleast in my case... the judge gave me the date it ended at sentencing... I never went back to see him... and I never violated my probation.. but if I did I would have known the exact reason I did... If I said I dident... I would be untruthful...
Nothing is a mystery oin probation you have your dates and times... the only mystery is what will happen if you violate.

auntie · Jan 12, 2007, 02:30 PM

Thanks for all your input. Really appreciate it.

s_cianci · Jan 14, 2007, 12:59 PM

You've left out one important date ; when did the offense in question (that led to his being violated) actually occur? If it occurred prior to 9/24/04, assuming that this was in fact the original expiration date for his probation, then he is still liable since it occurred while he was still on probation, even if he wasn't arraigned and sentenced until after 9/24/04.

Fr_Chuck · Jan 14, 2007, 01:10 PM

Yes, first he would have learned in prison to blame the system, blame everyone but him, he does not want to admit he did something wrong which caused this.

Sad he should have learned more responsibility though all of this.

As cianci said, the date you are charged, the date of the violation, and the date of the trial does not mean anything, it is the date of the action that caused the violation.