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Offlinefapjack
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Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 3 years, 11 months
Re: Probation Questions [Re: daniel3]
    #12436010 - 04/22/10 03:09 AM (13 years, 10 months ago)

Call a lawyer, it might be free.  They fucked you over pretty bad if they held you an entire month without charging you.  You might be entitled to a large cash settlement.


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InvisibleBodhi of Ankou
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Registered: 06/02/09
Posts: 24,778
Loc: Soviet Canukistan Flag
Re: Probation Questions [Re: daniel3]
    #12436166 - 04/22/10 05:39 AM (13 years, 10 months ago)

Quote:

daniel3 said:
no they dropped it to a misdeamnor or nothing, the actual probation is not real though, they were required to give me something to support there bullshit holding me for a month...i could probably sue but it woudnt go anywhere and i have no money anyways




dude are you fuckin kidding me call a lwayer up right now you got a solid case if I have ever heard one you are almost guarenteed a large cash settelment and you may even get the assholes who held you suspended or fired.


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Offlinenismo2491
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Registered: 03/11/10
Posts: 2,735
Loc: On The Beach, FL Flag
Last seen: 2 years, 4 months
Re: Probation Questions [Re: Bodhi of Ankou]
    #12437899 - 04/22/10 01:02 PM (13 years, 10 months ago)

did some quick searches at the library, and couldn't find any specific case laws. called my lawyer and asked him.

he said there is some case law, but most of it is kind of old (60s and 70s)
basically though, according to him, is that if I were to  live with somebody on probation then you do give up some rights but not all.  he said, plain and simple, for misdemeanor probation, that searches and home visits only apply to his stuff. and that anything that was in my room, is off limits, all I have to do is keep the door locked. (and I can even walk over and lock it when/if they were to come knock on the door wanting to look through stuff) he also said that any vehicles that aren't in the parolee's name, are off limits as well.

Any safes or locked compartments, that are in the community spaces of the dwelling, are valid for search though, and that they can even destroy locks/safes in the process (and not be required to pay for them).

he also said, this is FL statutes and other states differ, but most are pretty similar.

kinda funny, but he also said "just hope that you're not sitting on the sofa rolling a blunt when they come knocking on the door"


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Edited by nismo2491 (04/22/10 01:07 PM)


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Invisiblemindtool


Registered: 12/20/09
Posts: 574
Re: Probation Questions [Re: nismo2491]
    #12439966 - 04/22/10 07:32 PM (13 years, 9 months ago)

I found out that this is his 2nd DUI with one wet-wreckless, He has no felonies just misdemeanors but will be on formal probation. He said that search and seizure was not mentioned as a condition but that doesn't mean its not a part of the probation does it? Not really sure but I think I'm just going to take all my paraphernalia to my storage unit  until I know what exactly is going on then I plan on saving up some money to move out. :thumbup: All your post have been helpful thank you everyone.


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