Q: Can a judgment be changed w/o defendant notified for Probation violation that has not been to court?
My son was given a 30 day sentence, w/work release (he paid for) and probation on a Friday and to report to PO the following Monday. That Saturday he was arrested w/unrelated charges and the court date was set a month later. He went to that court date which was rescheduled for another month so records can be obtained to prove he did not break the law. Turned himself in for the original guilty plea (30 days), then once he was booked and in the cell, he was notified he was violated, no court date given. They have taken the original work release judgment from him and nothing has been mentioned of the $ he paid for it. 32 yrs old with no priors whatsoever. NOT INVOLVED IN MANY CRIMES-TWO CHARGES EVER! ONE PLEAD GUILTY ONE WILL BE DISMISSED! ONE DOESNT EQUAL MANY! SAME JOB (1 job) FOR 10+ YRS, HENCE WORK RELEASE
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A: His Sentence would probably have been 11 mo/ 29 days, with 30 days to serve on work release. But new charges violated the probation. Nothing unusual here, just that he is involved in many crimes and they are starting to prosecute him. More charges may follow. I doubt work release will ever be an option again. His lawyer could ask for WR fees to be returned, or better, applied to other Court Costs. When he gets out he needs a job and a new phone with number changed.
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