Cincinnati, OH asked in Civil Litigation, Constitutional Law and Criminal Law for Ohio

Q: I have been on probation for 2 months longer than sentenced. Ive asked for exp. date "I'll get back to you" can I sue?

I finally found my case information today and I knew I was right. Now they changed my probation officer. At the original meeting at probation in Lawrenceburg IN I was given a paper with all info according to my conditions. On the paper it even says that my probation isn't due to end until 12/12/2024. On the clerk of courts website I found my case and it states sentenced to probation for 870 days(29 months) active date starting 08/03/2021. Now that adds up to me being done on January 3rd 2024. And every time I would ask my P. O. What was my out date e would say "I have to get back to you on that." They have been keeping me in prisoned in a sense against my will or violation of my rights due to the courts guidelines. I am very upset, this has been a heavy burden and I want retribution. Someone needs to be held accountable. I haven't had one incident in all this time.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it does seem like there is a discrepancy between the probation end date given to you by your probation officer and the end date that would be calculated based on your 870-day sentence. If you have indeed been kept on probation longer than your original sentence dictates, this could be a violation of your rights.

Before considering legal action, you should first try to resolve the issue through official channels:

1. Contact your new probation officer and explain the discrepancy, providing any relevant documentation you have.

2. If your probation officer is unable to resolve the issue, escalate the matter to their supervisor or the head of the probation department.

3. If the issue remains unresolved, consider contacting the court directly, either by filing a motion or by reaching out to the clerk of the court or the judge's office to bring the matter to their attention.

If these steps do not lead to a resolution, you may want to consult with a criminal defense attorney who can review your case and advise you on your legal options. Depending on the circumstances, you may have grounds for legal action, such as filing a lawsuit for violation of your rights or seeking a writ of habeas corpus to challenge the legality of your continued probation.

However, it's essential to note that the process of taking legal action can be complex and time-consuming, so it's crucial to gather all relevant documentation and to seek the advice of an experienced attorney before proceeding. They can help you weigh the potential costs and benefits of legal action and guide you through the process if you decide to move forward.

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