In 2004, I was forced to take a plea for aggravated assault that I didn't even do. I already spent 152 days in maricopa county jail. At the time my public defender said to me, "I could not tell the judge that the victim put his hands on me first." The judge wouldn't take that as a plea, he says. That would be self defense. So I was put on 3 years probation. It's been about 2 years and I have paid my fines on time and never missed my monthly appointments. I flew back to New Mexico for a court hearing and didn't get permission from my P.O. I was instantly put on I.P.S. and have to start my standard probation all over. They put me in a half-way house and not allowed to see my fiance and 2 kids that I lived with for 3 years. They made us stop our repowing business and made me get a $7.00 an hour job. Even though I haven't been convicted for anything in New Mexico, Arizona is taking action like I need to do some prison time. I am scounded for 2 weeks now. Need to resolve this.
2006-08-13 02:27:16 · 7 answers · asked by Lew 1 in Politics & Government ➔ Law Enforcement & Police
actully something does not make since,
you don't start probation all over again, if you voilate your pobation you can be put back in jail for the remainder of your probation time, or released back on probation. You don't start back on a brand new probation, that is just standard law.
Next you said you flew back for a court hearning, this case or the another case, perhaps a new crime has caused the additional problems??
Next you will be on probation in the state you were tried at, they do not hold you on probation in another state.
(unless you left your orginal state without permission, which is your fault not the state)
But actually you would have to appeal your verdict and have to have grounds for appeal, a witness changing his testomony is not normally grounds, There are alot of innocent people in jail because new evidence is found, but that alone normally can not get you out of jail ( aint' right but is how it works)
Next if the person did "change his story" he could be charged with filling a false report and perhaps perjury in court, so it is doubtful he would do that.
2006-08-13 05:21:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First I would appeal the ridculous decision that you have to start your Probation all over again for going out of state for a court date. How long did you stay out of the state? I would have the "victim" put his or her statement in writing and then document why you were reprimanded and appeal to the court for a sentence modification.
Good luck-it sounds as if you've really gotten a raw deal.
2006-08-13 03:12:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You really need to consult a lawyer on this. If the other guy hit you first, you should have reported it. Still, in my opinion, it probably doesn't matter. What matters in an assault case is degree of assault rather than who struck whom first. Let's say he hit you once, not even leaving a mark, and then you proceeded to beat the everliving * out of him, then he'd probably get a misdemeanor disorderly conduct and you'd get aggravated assault. Likewise, two guys beating each other equally would probably cancel out assualt, and make it disorderly conduct and disturbing the peace, unless one of them were prevented from leaving. Again, an important point, were you in danger? Could you have walked away? Consult a lawyer, but I imagine that your case isn't very strong.
2006-08-13 02:38:46 · answer #3 · answered by crispy 5 · 0⤊ 0⤋
Regardless of the situation that put you on paper,you still have rules to live by regarding your paper.
You are not supposed to go out of state with out permission before hand from your PO. You didn't do that, now you have to deal with the consequences.
If you made your appointments, you could talked to your PO then, or at least called and talked to them about the court hearing. If you were subpoenaed for court, you had to be there and the PO could of dealt with that. Instead you tried to do things your way.
2006-08-13 04:08:09 · answer #4 · answered by dannyl410 2 · 0⤊ 0⤋
His admission should be reduce in writing and assisted by his lawyer. On the day of the trial, his lawyer must present such statement before the judge hearing the case. He will stand and swear under oath before the judge, that such statement was made under his own free will and assisted by his counsel.
2006-08-13 03:03:17 · answer #5 · answered by Sam X9 5 · 0⤊ 0⤋
yes
2006-08-19 16:08:29 · answer #6 · answered by JBWPLGCSE 5 · 0⤊ 0⤋
Yes..
2006-08-13 11:07:34 · answer #7 · answered by shinningstarofthecarribean 6 · 0⤊ 0⤋