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I have a couple of questions, can you define due process and…

Customer Question
I have a couple...

I have a couple of questions, can you define due process and when does a probation officer overrule a judge. Say the judge releases me with time served , I get out of jail and go to report and the po sends me back to jail because he thinks I have not been in jail long enough, no violation no new crime

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

All my due process rights were violated they never even booked me back into jail, was in jail for about 1 month then they sent me to Tricap, a treatment center for 5 months when the judge had already released me

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
11/17/2017
Lawyer: Nisha Jones,
 replied 8 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,483
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 8 months ago

I'm sorry to hear this happened to you.

In brief, the legal definition of due process is that you cannot be deprived of your life, liberty, or property without legal process and procedure first being administered.

To answer your question -- a PO never overrules a judge.

The PO cannot go against any order that a judge has issued.

The judge is the person with the discretion to make all final orders concerning your case. The PO is the person set in place to monitor the carrying out of the judge's orders or sentence.

The PO can make recommendations to the judge, and often times a judge may follow the recommendation offered by the PO -- but a PO cannot arbitrarily institute their own rules and penalties against you.

If that's happened, then it needs to be addressed in court. Your defense attorney needs to set a motion on calendar with the court to have this matter addressed.

If you had any time at all left on your sentence, either in custody or probation, it should be waived if you were wrongfully incarcerated.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 8 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Customer reply replied 8 months ago
I live in Midland ,mi. JJames Rydman 815 E. carpenter St. , Midland ,Mi. your answer was very helpful. Or I should say encouraging. Would you or can you recommend an attorney that will take my case and help me ?I do not know what to do and they are going to keep railroading me through the system until I find a way to put a stop to it. I cannot even move out of Midland while on Mi hope probation. I am on my way back to jail because I was one day late paying a fine that I wouldn`t even owe if they had not gone against the judges order and sent me back to jail because the PO thought I needed to be incarcerated longer. He said that if he had been in court I never would have been released. Well he wasn`t in court and I was released. To have me sent back to jail wouldn`t we at least have to go back to court. When I got back to jail I still had my release papers in my hand and they would not even book me, they never did book me, just sent me back to my old cell. Where is my due process. In the MI hope program I drop a minimum of 3 times a week. They send it to the lab and do a 80 hour test to see if I have drank in the last 80 hours. If the Po had done his job right off the bat when the tether went off he would have dropped me , sent it to the lab and proved that I had not been drinking but all he said was that the tether is never wrong. Well it is wrong and it was wrong. Since that time I have met a man who repairs them for a living, so they must go bad. I need help bad.
Lawyer: Nisha Jones,
 replied 8 months ago

I'm sorry to hear about your situation.

According to the rules of ethics that govern attorneys, as well as the rules of the site, I cannot personally represent you and I cannot refer you to a specific attorney.

You can however seek out the help of a local attorney on a pro bono (free) basis.

If you contact the clerk of court at the courthouse where your case is being overseen, there is usually a list of attorneys who have provided their names voluntarily, to provide their representation to individuals in a position like yourself.

You could also look into contacting the Michigan state Bar and inquiring as to whether they also have a running list of pro bono attorneys in your county.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

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