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Criminal Attorney
Criminal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 540
Experience:  Practicing Attorney with experience in criminal law
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If i am sent to prison for violating my probation and serve

Customer Question

If i am sent to prison for violating my probation and serve the whole sentence am i done with my probabation or can they do something else to me
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Criminal Attorney replied 4 years ago.

Good Evening,

 

Thanks for choosing Just Answer.

 

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.

 

I hope this information has been useful. If you need further info please let me know.

 

Thanks.

Customer: replied 4 years ago.
I was convicyed of a super extreme dui and served 6 months in prisons whixh what was my full term and now i have to report to a probation officerr and pay more fines, fess and court costs, plus attend any pay for alcahol classes @$10 an hour is this right
Customer: replied 4 years ago.
I served 5 months this was the minimum are you saying i have no further obligations
Expert:  Criminal Attorney replied 4 years ago.

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.

Expert:  Criminal Attorney replied 4 years ago.

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.

 

Good Luck!

Expert:  Criminal Attorney replied 4 years ago.
Did I answer your question?
Customer: replied 4 years ago.
I could have figured that out all by my self can I get a refund
Expert:  Criminal Attorney replied 4 years ago.

I cannot provide a refund, but customer service can do that for you.

 

I am sorry you were unhappy with the answer given. If I can provide you with more infomation I am happy to do so. Sometimes it is hard to know exactly what kind of answer a person is looking for, as I only have very limited facts. If I can clarify please let me know. If not, I will refer you to customer service for a refund. I have not been paid for my time because you did not click accept, but you have made a payment that could be applied to another question. You are free to ask your question again and see what other experts have to say on the issue.

 

Please let me know how you would like to proceed.

 

Thanks.

Customer: replied 4 years ago.
I am Dealing with a judge that debies every motion I file no matter what the statute says. I believe he would put me back in jail and then still make me follow the probation rules. Tell me how to fight this and then I'll be satisfied
Expert:  Criminal Attorney replied 4 years ago.

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?

Customer: replied 4 years ago.
I was released 11 days early because I received 2 for 1's. Which means you get credit for 2 days for every 1 served as long as you are working while in full custody. I filed 2 motions requesting credit for this and they were denied by the judge in question. He advised I was nor eligible for 2 for 1's for the crime I was convicted of. I was convicted of ars 28-1382. I read the statute and ther is no mention of 2 for 1's. I poted this out on my 2nd motion but it was still denied. THere's more but do you get the general idea?
Expert:  Criminal Attorney replied 4 years ago.
I do have a better picture of your case now. I am reading the stautes for both your crime and the crediting statutes. Give me a few minutes to get back to you.
Customer: replied 4 years ago.
Can you help me because I can't afford $13,500 in jail costs
Expert:  Criminal Attorney replied 4 years ago.

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.

Customer: replied 4 years ago.
you dont understand. I got the 2 for 1's despite the judge. Everybody I know got the jail costs waived and communitty service for their fines My last motion came back I must pay
Expert:  Criminal Attorney replied 4 years ago.

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!

Criminal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 540
Experience: Practicing Attorney with experience in criminal law
Criminal Attorney and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
what about ost conviction relief. becuase I can no longer afford to pay the $13,500 in jail costs. Also I offered to do community service in lieu of paying and that was denied. I am unemployed and severely in debt and months behind in my mortgage so I can't afford an attorny. Also I found out my appeal is being heard by the same judge who denied the motion. I want a different judge to hear the motion. I forgot one thing. my request to do community service was denied because I am not receiving government financial assistance. I find this hard to believe as i heard the judge offer it to 2 people when I was in his court.

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