Need extending probation cases overturned. I am getting screwed again by the courts. Jax failed to scan paperwork.Help Please

Asked about 1 year ago - Jacksonville, FL

Probation is for 6 months. Ends May 15, 2013. Also have to do 26 classes. The classes are 1a week. Once released from jail took the courts 6 weeks to FINALLY scan the paperwork to probation. I called everyday since released & finally they said come to orientation class first week of Jan. Could not offically start classes for another 2 weeks after orientation because that is when they finally received the paperwork. Now got a letter VOP because can't finish the recommended classes before the 15th. went to court last week & posponed again until this coming Wed because probation showed up and did not have my folder (unprepared). Judge says cannot extend probation until they have the paperwork. How can extend it when it clearly no fault of my own they took weeks to scan the papers & holidays

Attorney answers (3)

  1. Stephen Andrew Mosca

    Contributor Level 17
    Best Answer
    chosen by asker

    Answered . Violations must be willful and substantial. You have a valid legal argument to avoid being found in violation. With representation, it may be possible to have the requirement for classes removed altogether. I suggest you discuss with your PD or call an attorney for a consult. We provide free consults.

    Good luck.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  2. Larry Thomas McMillan

    Contributor Level 15


    Lawyer agrees

    Answered . Sounds like the violation is not willful on your part. However, if the classes were a condition of your probation you will have to complete the classes.

  3. Richard Earl Hornsby


    Contributor Level 17

    Answered . If what you say is correct, you have a defense to the VOP. Problem is that it will require a good attorney to argue it for you.

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