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FloridaLawyer
FloridaLawyer, Criminal Defense Lawyer
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Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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I was on feeral probation. I was jsut getting off 3 years

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I was on feeral probation. I was jsut getting off 3 years of probation and I had to take a polygragh to get released. My therapist changed the poly time from 11am to 9am and did not tell me. I missed it abviosuly and was revocated to 10 months in federal prison and another 26 months probation. When I got out I took a polygrapgh that I was not told that if I missed the poly that I could lose my freedom. I passed it on not knowing. I found federal cases that say I cannot lose my freedom if I do not know about the revocation possiblity. (I passed the poly that I did not.) What can I do to get off this rediculous probation?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 6 years ago.

HelloCustomer

 

You should be able to file a motion for early termination of probation. In the motion, you can state the reasons why you should not have to do the additional 26 months. You would be much better off hiring a criminal defense attorney licensed to practice in the Federal Court in your jurisdiction to draft the motion, file it before the appropriate court, and set the matter for a hearing. Most importantly, the attorney can argue why it is an unlawful or even unconstitutional sentence based on a simple misunderstanding of the scheduled time for the polygraph.

 

The P.O. would have no legal basis for a violation or revocation just because you filed a motion.

 

I hope this helps, best of luck!

 

MDonnelly

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience: Former State Prosecutor, licensed attorney with active criminal defense practice
FloridaLawyer and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Loved the answer, built my confidence to try it. thanks much 100%
Expert:  FloridaLawyer replied 6 years ago.

Great to hear, hope all works out well for you!

 

 

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Former State Prosecutor, licensed attorney with active criminal defense practice