Re: OVER STATUE JAIL TIME

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On 8/23/07, M'sta Mikey wrote:
> 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.

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

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