Can I Sue for Being Wrongfuly Put on Probation

[Tyla]

My question involves criminal law for the state of Ohio. In 2004 I was put on probation and sentenced to 30 days in jail; however, I was released early due to my lawyer and judge advised me that she was going to take me off of the probation list but she did not. I explained this to my probation officer but nothing was done. Since then I have been trying to get a copy of the transcript and they advised me that the records room had been flooded and detroyed a lot records during my year of convictions. However, in 2011 I was able to get a copy and she does say that I did not have to do probation. Can I sue or can I get a refund?

[flyingron]

Your time for any redress (even if it were possible) is long past.

[BOR]

Can I sue or can I get a refund?

Refund for what?? You act like you had to pay to be put on probation. The question makes no sense, clarify it.

[free9man]

Refund for what?? You act like you had to pay to be put on probation. The question makes no sense, clarify it.

Many jurisdictions have probation management fees, or something similar, that must be paid while on probation. So technically the probationer is paying, just not to be put on probation, but to stay on it and out of jail.

[Mr. Knowitall]

If you believe it is worth the time and effort (and attorney fees if you can't figure out how to do so yourself), you can try petitioning the court for a refund of your fees. I can't promise you success, particularly at this late date, but if I were so inclined that's what I would try.

[BOR]

Many jurisdictions have probation management fees, or something similar, that must be paid while on probation. So technically the probationer is paying, just not to be put on probation, but to stay on it and out of jail.

Thanks, I figured it was some type of Administrative assessment or such.

Kind of like there was a move in some Ohio cities to charge a fee if the police had to respond to a traffic accident.

To answer the poster's question about a period of limitations then, until the Cause of action is known or discovered it may toll the remedy.

If he says records were destroyed, it may toll any period of limitations??

He needs to check with the Probation dept. and see what their response is.

[flyingron]

Why would it toll anythiing? It's not that the loss of the records prevented detection of the act. The fact that the records may have made it harder to actually prove the civil liability doesn't have a bearing on SOL. Frankly, it would seem that it would have been trivial to inquire directly to the court (e.g., the judge) as to whether the sentence was set down correctly.