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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was accused of probation violation (non-compliance), jailed,

Resolved Question:

I was accused of probation violation (non-compliance), jailed, and resentenced to supervised probation; this after having made every effort to comply paid probationary fees and being told repeatedly that the case was closed. Neither the Court nor its Probation Department have any records of my first probation, my in-take, etc. All inquiries directed to pertinent officials by way of certified mail have drawn no response. This matter exists in douglas County, CO. Pleas advise as to my recourse(s) for remedy, if any, and referral to local attorney(s) specializing in this area of law.    Thank you!    Tom Beatty
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



what exactly is the status of this matter? also, was the probation violation alledged while you were on probation, before the case was closed ? i dont know how you can be violated on a probation that there is no record of


Customer: replied 8 years ago.
Samuel-II Thank you for your prompt response That is prescisely the problem, There were-and are now, no records whatsopever of the first probation period (Feb, 2007 thru Feb.08). The only records provided me are for the new probationary period which I am currently serving,--Nothing else. I have detailed records of events and non- events, as well as all corresondence to the court and probation requesting response and explanation. I await your next message. Tom Beatty
Expert:  Samuel II replied 8 years ago.



hmmm. okay let me ask you one more thing - what are you on probation for now - and how long? is this probation for a violation of the probation there is no record of?



Customer: replied 8 years ago.
Yes! The current probation REPLACES the first probation for which there are no records! Awaiting next. Tom Beatty
Expert:  Samuel II replied 8 years ago.



unbelievable and truly interesting - okay thank you for all of that information


now going by what you have told me , what you do need to get this probation vacated because it is based on a non -existant matter - therefore a motion to vacate needs to be filed with a memo of law citing case law in this matter - and, yes, you will need an attorney to assist


so, i suggest that you contact the CO Bar Association and seek a referral of a lawyer who handles criminal defense post conviction matters

use this link for criminal defense - pick the county you need - ask them about filing a post conviction motion to vacate a sentence


good luck



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