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If you serve your entire sentence, after your sentence is completed you will not be on probation. Your sentence will be completed entirely. However, if you are released early from prison, this will be parole, and will have similar conditions to probation and usually lasts as long as your original sentence would have lasted. If you serve the entire sentence, however, you won't be on probation or parole, but may have some limitations placed on you if you are a convicted felon, the most serious being unable to own firearms, and your voting rights may be limited as well.
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Was any of your sentence suspended? If any of your sentence was suspended then you did not serve the full sentence, but only the unsuspended portion.
However, many states require reporting and classes for those convicted of drug or alcohol offenses. The reporting requirements and classes are not considered probation, but part of the sentence.
It is hard for me to say if this is right or not without knowing all the facts or having the sentencing order in front of me, but typically if you are reporting you are on probation or parole and this may be the result of a suspended sentence or early release from prison. Early release would include any credit time given.
How long do you have to report for? My guess is that your sentencing order provided for reporting and classes. Unfortunately this is standard for most DUI offenses.
I would not say that you don't have any further obligation. You need to continue reporting until you have it sorted out with the court on whether you are actually required to report or not. Do not stop reporting or fail to take your classes until the court has told you this is not required. This is something you can find out by calling the court/judge's office, or by speaking to the attorney who represented you--if there you had counsel at that time. Also the file is a matter of public record, so you could request a copy of your sentencing order to know exactly what it says.
I hope this has been helpful.
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Are you represented by counsel?
Explain to me again how you were sentenced--No suspended time, and no early release? Was there any mention of probation or reporting when you were sentenced?
I have read all the statutes covering the crime itself and the penalties. Jail costs are at the judge's discretion. However, I am still trying to find a clear statute or article on 2 for 1 sentencing and how it applies to your case. I did read an article written by an AZ DWI lawyer that said extreme DWI's were not available for 2-1 sentencing, but I am still looking for the statute that says that. If the crime you were convicted of does not allow 2 for 1, then there really is not much you can do as far as that goes.I will need to do some more research into this if that is ok. Can you give me until the morning? If so you don't even need to reply, I will just some research first thing and see what I can do for you.
I have to head to bed now as I have a conference call at 7:00 am. Talk to you soon.
I have consulted wth other experts and we all agree that if you are sent to prison you'll be done once your out, since the judge maxed you out last time. Because you are on probation for a misdemeanor the max is a year.
If you are feel that the judge is treating you unfairly in regards XXXXX XXXXX costs etc. I would recommend seeking out local counsel to help you fight the jail costs. The jail costs are at the judges discretion, so you will have to show that the judge went beyond his discretion when he ordered you pay jail fees. In all honesty, such cases are very hard to prove and even harder to win.
I hope I have helped. Good Luck!
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