.I understand that but apparently you don't.needshelp:/;648955]I've already been charged with my probation violation and that's why i went to prison.
You are at the beginning of a difficult and likely unsuccessful venture. You were not wrongfully sentenced because your HYTA sentence was probation. You violated probation so you were punished for that by incarceration. Both punishments are not for the same issue but that is what you are claiming and attempting to use as a justification to have your probation terminated.In my eyes I was wrongfully sentenced and have been through enough of this court stuff and just want out of it. So, if i can do that by doing this then i will. Thanks for your help though.
you hire a lawyer, seriously. You are attempting to make an argument that has not been argued before (at least that I can find. That is often very difficult for a lawyer. Much more difficult for a layman.Can anyone just tell me how to file this motion or the appropriate action I am going to have to take to go about this?
that is not what they did to you. They originally sentenced him to both; probation and incarceration. You were sentenced to probation only. Due to your probation violation they tossed you in jail. Now you are out and are serving the remainder of your probation.Even more specifically, in the people vs. Wilson case it said that they wrongfully made his jail sentence a condition of probation as they did to me
Honestly, would you rather they rescind your HYTA status and sentence you as the laws (sans HYTA) allow?

