Q: Who do I go to if someone was put on probation by mistake or misunderstanding
My son is being held for probation violation, but should not be on probation hoe to fix this, who do I go to
A:
It is 100 times easier to fight for your innocence BEFORE you are convicted or enter a plea agreement. Trying to undo a conviction after-the-fact is always an expensive long-shot, and it usually fails. Your son wouldn't even be on probation unless he entered a plea of guilty* or he was convicted at trial... and if it was a plea he might have waived his right to appeal.
If he has been on straight probation for more than a few weeks then it is probably too late to file a Motion for New Trial and the sentence can only be reexamined by an extraordinary remedy. If it was Deferred Adjudication Probation then it might be technically possible to withdraw his plea, but that might be a profoundly bad idea. You should consult with an expert in criminal appeals to determine what, if anything, can be done about the probation at this point.
It may be that the best you can do is hire a local criminal defense attorney to advocate on your son's behalf with regard to the possible revocation. It is possible that an attorney could convince the judge to give your son another chance to comply with the terms of probation.
* In criminal cases, a plea of No Contest has the same result as a Guilty plea.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
