what are some thoughts?

[djh50]

What is the name of your state? Missouri. In 2001 in the state of Kansas I was arrested for a probation violation. I was found guilty and served 86 days of a ninty day sentence. I was then ordered back to probation for 1 year. After 10 months my P.O. admitted that a mistake had been made and released me from probation. The mistake? My probation had expired 8 days BEFORE I was arrested for the violation. I told my atty. at the time that I knew I was no longer on probation when I was arrested, but she wouldn't check into it---(public defender). No one so much as apoligized. Any thougts on this? By the way, the reason I was "violated" was that my P.O. showed up on my doorstep at my home and breathilized me. I had been drinking. I had left my home under the influence. That last line should read I HAD NOT left my home under the influence!!!!!!!!

[weenor]

Originally Posted by djh50

What is the name of your state? Missouri. In 2001 in the state of Kansas I was arrested for a probation violation. I was found guilty and served 86 days of a ninty day sentence. I was then ordered back to probation for 1 year. After 10 months my P.O. admitted that a mistake had been made and released me from probation. The mistake? My probation had expired 8 days BEFORE I was arrested for the violation. I told my atty. at the time that I knew I was no longer on probation when I was arrested, but she wouldn't check into it---(public defender). No one so much as apoligized. Any thougts on this? By the way, the reason I was "violated" was that my P.O. showed up on my doorstep at my home and breathilized me. I had been drinking. I had left my home under the influence.

Your attorney should have argued that your probation had expired at the time. He should have appealed your new sentence for that violation...but I would say its too late to do anything now....but hold on for the criminal specialists. They may be able to suggest something else.

[outonbail]

This issue could be a little complicated to decipher or discover the actual reason for having happened.

For one thing, if you stated to your attorney, “I knew I was no longer on probation when I was arrested.” the statement in itself is conflicting. Why would you submit to a test you were required to take as a term of your probation, if you “knew” you were no longer on probation and therefore no longer required to take such a test? In your attorney’s eyes, you were arrested by probation, for a violation of the terms of your probation, which would or should not have been possible if you were indeed not on probation.

It sounds as if the probation department was the one who erred in this situation. Perhaps they start a personal file on you when you are placed on probation, into which they transfer all the terms listed on the court documents, into your file. If the expiration date for the time period you were to be on probation, was incorrectly entered into your file, then it is possible that your attorney did in fact inquire and was provided with the incorrect information out of that same file.
It may have required the actual reading of the original court proceedings, from the transcribed court reporters tape, in order for your attorney to discover the error, which may have been further than the public defender believed was necessary, or had the time available to investigate.

The judge probably relies on the probation department’s reported information as well.

Of course this scenario is only a guess, but it is possible and one of the reasons why it is important for you to keep your copies of the original court orders. If you had your original paperwork available, which gave the accurate dates for the length of your probation, you could have provided those documents to the PD or the judge directly and resolved the situation before it became a situation. You could also have shown them to the PO who came to your house asking for you to test and supported your right to refuse. But of course, this is all water under the bridge now.

So, if you knew you were off of probation, why did you submit to the test at your home?

As far as an apology goes, the fact that the probation officer released you early, after somehow having discovered this mistake, was as close to an apology as you’ll ever get.