Families of SOs Community Group
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My son had to appear in front of judge last thursday. He has adhd, ocd and borderline personality disorder on top of being very immature. He is now 23 and this judge wanted to revoke his probation because he didnt get everything perfect and so our attorney said we could have a hearing and so we did. The DA asked questions of PO and my attorney asked questions. The PO of course lied on stand and I could not say anything. Then sons boss got on the stand and said how great he was and would love to clone him. The DA then asked her if she would clone this sex offender? He got away with his questions. Then my son got on the stand and this DA went crazy asking him if he liked young girls, and stuff for a trial, not revocation of his probation. She then told my son she gave him chances and gave him 7 years of hard labor! So, my question is has anyone ever heard of appealing a hearing on revocation of probation in louisiana? I want to appeal but my attorney has never heard of it being released. How long do I have to appeal?
wisconsinrsol
Depends but if your attorney says they don't know then tell them to FIND OUT for christ sake. Even if it hasn't been done doesn't mean that it CAN'T be done. Usually in a trial situation in WI it is within 20 days after sentencing you have to file the intention to appeal. Basically stating that appealing is going to happen. then they have like 30 or 60 days to get their brief ready. But you are LA and the laws are different down there, your attorney needs to look it up... Although when it comes to revocation hearings the rules change because it is coming out of supervised release. Now if the sentence was changed or increased then I woudl think that relief could be sought. For here in WI they can't give you more time at a revocation hearing, they can only put you back in for the rest of your sentence.
aladdin4d
From what I can tell review of the revocation of probation is available by application for supervisory writs. La.Code Crim.P. art. 912.1(C)(1), I'm assuming he would have 30 days to file such a Writ of Review but that's about all I can tell you. How to go about doing will take a lawyer but yes the revocation of probation can be reviewed and reversed.
Heartbrokenparent
But has anyone know if any have been reversed at all? I spoke with my son's therapist and she wrote a letter but the PO tried to get that to look like nothing trying to push the issue as though the therapist and I were friends. I only spoke with her once to set my son up so he could see her. Then I called her after my son was revoked his probation and she stated that she couldn't believe this. She said that my son really worked hard and they should have read her letter. She said that he should not be incarcerated and if I needed her to come for the appeal, to let her know and she would come for my son. I don't have the money but I am trying to talk son's dad into doing this appeal. We have to at least try! I feel if we don't that was one thing I did not do for him. I have jumped hurdle after hurdle for him for only this mean judge (who has 2 small daughters whom she brought into court and brought into her chambers) to through him away.
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