Q: My plea agreement was for 4 years probation with probation being suspended upon completion of FVIP and community service
My previous attorney is no longer practicing and the person I have been corresponding with via email in this office is not giving me any details. Only that she reached out to the ADA. I completed my requirements but Community Service is not releasing me from probation. I'm being told by the PO that I would need to go back before the judge to have the sentence modified. How do I have the probation suspended per the plea agreement in my final disposition?
A:
I think you need a copy of your case disposition. If your original sentence was that your probation was to be suspended upon completion of those terms, that should be spelled out on the sentence sheet. Your probation officer should have a copy of that document in your file, but if not--you can go to the clerk of the court's office and request another copy.
If the sentence sheet does not have those terms written on it, and you are sure the judge ordered it, you could contact the judge's office and ask them how to get a copy of the transcript from your sentencing. You may have to contact the court reporter who took the minutes, and there is usually a fee associated for getting one prepared. If you get a copy of it and it shows that the judge and the attorneys said on the record that the sentence was to be as you say, that would be good evidence that the information was inadvertently left off the sentence sheet.
Otherwise, the probation officer is correct; the only other remedy would be to file a motion to modify sentence with the court and make the request.
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