Violation of Probation
Nov 01, 2017OUTCOME: Warrant for violation of probation dismissed.
In this particular case the client was charged with violation of probation from 2009 and he was not served with the violation until 2017. Once the client retained our services I leaned that probation a ... nd the State Attorney were asking for 60 days in jail. I set the case for a final violation of probation hearing. While preparing the case for the hearing and researching the matter, I learned that the client was illegally sentenced from the very beginning of the case. The client was charged with a second degree misdemeanor and the max sentence is 60 days in jail or 6 months probation. In this case, the client was sentenced to 12 months probation, which is an illegal sentence. Therefore, the new charge they alleged violated his probation occurred outside of the timeframe he could be lawfully sentenced. I filed the appropriate motions and my client walked away free.
