Re: OVER STATUE JAIL TIME

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On 6/08/07, ANNE wrote:
> HI,
>
> HAD A FRIEND THAT WAS PLEAD GUILTY TO A CLASS C
> MISSDEMANOR. THE MAX FOR THIS CRIME WAS 15 DAY IN JAIL
> AND A $500.00 FINE. THIS PERSON WAS PUT ON PROBABION,
> WITH 20 HOURS COMMUNITY SERVICE. DURING THAT TIME THEY
> HAD MAJOR SURGRY ON THERE ANKLE. MY QUESTION IS THAT OF
> COURSE THEY COULDN'T DO THE COMMUNTIY SERVICE BEING IN BED
> FOR 6 WEEKS OF BED REST BECAUSE OF SURGRY.
>
> WHEN THEY WENT BACK TO COURT FOR PROBABTION VIOLATION DUE
> TO NOT FINISHING THE COMMUNITY SERVICE THE JUDGE GAVE THEM
> 40 MORE HOURS WHICH ADDED TO BE 60 HOUR. HE SAID THAT IF
> THEY DIDN'T DO IT WITH IN A CERTAIN TIME THAT THEY WOULD
> SPEAD ONE DAY IN JAIL FOR EVERY HOUR THEY DIDN'T FINISH.
>
> MY QUESTION IS IF THE MAX FOR THE CRIME WAS 15 DAYS IN
> JAIL. CAN A JUDGE JUST CHANGE THE ORDINANCE MAX AND GIVE
> THEM 60 DAYS IN JAIL?
>
> ANY RESPONSE IS APPRECAITED.

He committed two crimes; Class C Misdemeanor AND a probation
violation, and is being sentenced for the additional charge.
The judge made no errors here. Be thankful that he didn't
throw your 'friend' in jail!

Question: Prior to surgery, did your friend explain to the
court his need for surgery? I'm sure that if he/she had, the
judge would have taken recoup time into consideration and
adjusted the probation accordingly.