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    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #1

    Apr 12, 2014, 05:47 PM
    Felony probation violation
    My husband is on probation for attempted csc 2nd his po did a visit and found my smart phone that my husband was using and violated him because my email address was in that phone his po said he is looking at 13 mon to 5 yrs and he said that my husband should plead not guilty and get a court appointed lawyer we are stuck and don't know what to do
    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #2

    Apr 12, 2014, 06:10 PM
    We are in Michigan and my husband is on probation for attempted csc 2nd the other day his po found my smart phone at our house that he was using to talk to me he went to jail they checked the phone and because my email address was used when I set up the phone they are getting him for a felony probation violation. His po said he is looking at 13month to5 years in prison and he thinks my husband should plead not guilty and get a court appointed lawyer we r lost on what would be the best thing to do
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Apr 12, 2014, 06:37 PM
    It is unclear what your husband is accused of doing wrong. What is CSC? He isn't supposed to have a smart phone?
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Apr 12, 2014, 09:03 PM
    Quote Originally Posted by AK lawyer View Post
    What is CSC?
    Criminal Sexual Conduct = CSC.

    Is it part of his probation/parole that he not have contact with you? If so, he clearly violated.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 12, 2014, 09:42 PM
    Yes, he will have to go before the judge, the probation office will recommend a sentence. He could have to do the entire prison time, or just a part of it.

    Not all states allow a free attorney at probation hearing, since it is post conviction and not part of an appeal process. He will have to check. It is not an additional charge, so there will be no new trail, just a hearing.
    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #6

    Apr 13, 2014, 05:15 AM
    Csc is criminal sexual conduct they are violating him because of the email address he didn't register it he didn't know it was on there and I forgot about it and he was not suppose to have the smart phone if it was just the phone he was going to get out Tuesday but the email they are talking prison
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 13, 2014, 05:40 AM
    When you are on probation, you have to be super careful. He wasn't and now he is paying the price.
    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #8

    Apr 13, 2014, 05:44 AM
    I need to know if it will be better for him to plead guilty or not guilty
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 13, 2014, 05:48 AM
    That's omething your lawyer can better advise.
    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #10

    Apr 13, 2014, 05:56 AM
    Quote Originally Posted by J_9 View Post
    Criminal Sexual Conduct = CSC.

    Is it part of his probation/parole that he not have contact with you? If so, he clearly violated.
    He can have contact with me they violated him because of the email address that I used to set up the phone and because he did not register the email address should he plead guilty or not guilty
    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #11

    Apr 13, 2014, 05:58 AM
    Quote Originally Posted by ScottGem View Post
    That's omething your lawyer can better advise.
    I can not afford a lawyer that is why I'm on here
    charissakr's Avatar
    charissakr Posts: 7, Reputation: 1
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    #12

    Apr 13, 2014, 06:29 AM
    Quote Originally Posted by AK lawyer View Post
    It is unclear what your husband is accused of doing wrong. What is CSC? He isn't supposed to have a smart phone?
    Csc is criminal sexual conduct he was not suppose to have the phone but they are getting him for failure to register the email address that I used to set up the phone he did not know the email address or the pin he did not even know the email was on there I forgot all about it when I let him use it. Should he plead guilty or not guilty he has a good job that he has been at for 7years and we have a family
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #13

    Apr 13, 2014, 06:52 PM
    Quote Originally Posted by charissakr View Post
    Csc is criminal sexual conduct he was not suppose to have the phone but they are getting him for failure to register the email address that I used to set up the phone he did not know the email address or the pin he did not even know the email was on there I forgot all about it when I let him use it. Should he plead guilty or not guilty he has a good job that he has been at for 7years and we have a family
    SO he was not supposed to have a phone... then he really doesn't have anything to use as a defense... he has the phone... he has the phone with the email address... how can you possibly prove it was you and not him that used it?

    If you are going to mount an argument and defense... you really need to borrow the money to pay for a lawyer who can do it for you. The do-it-yourself approach has a much higher likelihood of failure.
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