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jpgdtrfb · May 29, 2011, 08:16 AM

My wife plead guilty to a class a misdemeanor last year, and at sentencing, was given 2 years probation, and the judge approved early release after one year. Her probation officer told her last week that new legislation prevents class a misdemeanors from early release. Is this true? Can the court agreement change after-the-fact?

excon · May 29, 2011, 08:34 AM

Originally Posted by jpgdtrfb

Her probation officer told her last week that new legislation prevents class a misdemeanors from early release. Is this true?

Hello j:

No, of course it's NOT true.. Oh, it may be true that they passed a new law... But, new laws are NOT retroactive.

The BIGGER issue, is what your wife is going to DO about it. I'd write the PO a letter asking her/him to show you specifically how the new law negates the judges decision. Be polite and matter of fact. Send the letter certified, return receipt requested, and send a copy to the judge.

excon

twinkiedooter · May 31, 2011, 05:08 PM

Originally Posted by excon

Hello j:

No, of course it's NOT true.. Oh, it may be true that they passed a new law... But, new laws are NOT retroactive.

The BIGGER issue, is what your wife is going to DO about it. I'd write the PO a letter asking her/him to show you specifically how the new law negates the judges decision. Be polite and matter of fact. Send the letter certified, return receipt requested, and send a copy to the judge.

excon

I agree. Retro laws - no such thing.. And DO ask the PO nicely. More than likely the Judge will have to rule on this in a motion at a short hearing.