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  1. #1
    Join Date
    Jun 2016
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    3

    Default Can the Terms of a Sentence to Unsupervised Probation Be Changed

    My question involves criminal law for the state of: North Carolina...I am the legal guardian of a 16 year old girl who is currently residing in a Psychiatric Residential Treatment Facility (PRTF). She chose an act of violence as her response to a staff member not allowing her to utilize a coping mechanism prescribed as part of her treatment plan. The facility pressed "Simple Assault" charges and her case was heard(?) last week.

    She has an "Ad Litem" attorney associated with her admission to the PRTF, who was also assigned to her as a "court appointed" representative in this case. The attorney arranged for her to be placed on a six month "unsupervised" probation with three actions being required to qualify for the probation. (1) She must write a letter of apology to the victim; (2) she must comply with the therapies prescribed for her; and (3) she must perform 24 hours of service to the PRTF under the direction of the victim.

    When this was proposed to us, it sounded like a huge break; but directly after court I learned the victim has been assigned to a different building on the campus than the one in which my 'daughter' resides and, more importantly, to the night shift. This means he is on duty only while she is required to be locked in her room.

    In light of the changes to the victim's work schedule, he will not be able to give my 'daughter' the opportunity to satisfy the third qualifier of her probation. As a consequence, I desire to have the 'judgement' amended to allow any staff member direct the 24 hours of service. Can I appeal for an alteration of the qualifying requirements? and how would I do this? (note: the attorney who represented my 'daughter' works very closely with the PRTF and I fear does not hold her interests in higher esteem than those of the facility.)

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can the Terms of a Sentence to Unsupervised Probation Be Changed

    Your daughter may petition the court to modify the terms of her sentence.

  3. #3
    Join Date
    Jun 2016
    Posts
    3

    Default Re: Can the Terms of a Sentence to Unsupervised Probation Be Changed

    Thank you for replying Mr. Knowitall. Is this something she must do; or can I do it on her behalf?

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Can the Terms of a Sentence to Unsupervised Probation Be Changed

    You can't practice law without a license

  5. #5
    Join Date
    Jun 2016
    Posts
    3

    Default Re: Can the Terms of a Sentence to Unsupervised Probation Be Changed

    So you have to be a licensed attorney to file a petition?

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