Re: OVER STATUE JAIL TIME

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On 8/23/07, ANNE wrote:
> On 8/23/07, M'sta Mikey wrote:
> JUST WONDERING ARE YOU A LAW STUDENT OR A LAYWER? TO THE BEST
> OF MY KNOWLEDGE YOU ARE PUT ON PROBATION FOR A CRIME.
> PROBATION VIOLATION IS NOT A CRIME IN IT SELF IT IS NOT
> FOLLOWING THE ORDERS OF THE COURT THAT YOU WAS SENTENCE TO FOR
> THE ORIGINAL CRIME. TO MY KNOWLEDGE THEY CAN NOT GIVE YOU
> MORE TIME THAN THE MAX STAUTE OF THE CRIME. I HAVE NOT SEEN
> ANY STAUTE CALL PROBATION VIOLATION IN THE MO CRIMINAL CODE
> BOOK. IF THERE IS WHAT RMS NUMBER IS IT? SO I CAN LOOK IT UP
>
> THANKS

Anne,

I'm neither but have taken several law classes in prep for a law
career but changed that career for my passion - software
engineering.

That being said, I mistated myself. Probation is not a crime
persay, nor is it a right, it is what is called a "matter of
grace" which the judge can revoke at anytime if the original
terms are violated or if it appears that the probationer is
likely to engage in criminal conduct.

He could have been given the original sentenced as opposed to
extended community service. However, he cannot be sentenced to
any more than 15 days in jail, as indicated in the sentencing
guidelines. The judge was, in my opinion, attempting to get
his/her point across, to your friend, regarding the seriousness
of the matter!

You're friend should be greatful for the extended community
service of 60 hours as opposed to the 360 hours he could be
spending in lockup.