Re: OVER STATUE JAIL TIME
Posted by Shawn Mills on 9/27/07
In my state, California, on a probation violation the max you
can get (for the violation) is the statutory max less the number
days you have served (actual time + good-time/work-time credits).
Example: If the max was 15 days, and I did 10 in custody and was
let out, plead and placed on probation, the max time I could on
a violation is 5 days.
On 8/23/07, ANNE wrote:
> On 8/23/07, M'sta Mikey wrote:
>> On 6/08/07, ANNE wrote:
>>> 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
Monterey Criminal Defense Services