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  1. #1
    Join Date
    Dec 2005
    Posts
    2

    Default Going back to court for probation violation

    I went to court on Nov 3 for my probation violation. I got a sentence of 2 years defferred, pay all fines, and 120 hours community service.

    I completed everything except the community service. I got a letter from a church stating I did 100 hours but they didn't verify it and now the court thinks I committed fraud. I told my lawyer that I do alot for the community and I don't remmember where I did it so I called and ask but they just sent me a letter and now the person at the church is stating that I forced her in writting the letter.

    My 2 years was up on July 1st and DOC didn't get me back into court until the end of August.

    When I went to court on Nov 3 my lawyer told the judge that DOC should of got me back into court for violation hearing within 30 days. So the judge dropped the hearing and now the judge wants me back into court. So now I think I will be going to jail. I cannot be in jail I am in school and cannot afford going to jail for 15 days and risk lossing everything I have.

    I want to know is how can a judge just pass judgement and now she is reversing it.

    I was told that she used to be a state prosecutor and now she is s judge. My lawyer told me that and that she did the right thing and now she is reversing it. I don't know why and if she can do that.

    How can I get out of going back to court?

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

    Default Failure to Comply with Probation

    No. You're stuck going to court as ordered. Perhaps your lawyer can get the matter dismissed.

    But if you did pressure the woman to write a false letter on your behalf, that could really backfire on you.

  3. #3
    Join Date
    Dec 2005
    Posts
    2

    Default Re: Failure to Comply with Probation

    Quote Quoting Mr. Knowitall
    No. You're stuck going to court as ordered. Perhaps your lawyer can get the matter dismissed.

    But if you did pressure the woman to write a false letter on your behalf, that could really backfire on you.
    My lawyer said that she recalled her judgement and that she should of had the prosecutor appealed it but she didn't. So my lawyer said that we are going to court to have her decide and have the procutor appeal the judgement.

    Is this possible? Can a judge just recall her decision after 10 days after the sentencing?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Resentencing By Court

    Under some circumstances, yes - but it is quite unusual.

  5. #5
    Join Date
    Jan 2006
    Location
    Texas
    Posts
    15

    Default


  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default


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