Posts tagged Probation

California probation revocation Computer Age apparent knowledge of a child pornography Legal Legal Experts

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1 year ago
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Court
The people, the complainants and respondent, v. Joseph Thomas kurey, defendant and appellant. /> To Appeal California, SECOND DISTRICT AUDIT INSTANCE, Division Two
Mars 28th Decision entered February 2001

The trial court and a probation officer, the withdrawal of a defendant for violation of Pen. (Knowing possession of child pornography, that the case of a person under the age of 18 are involved personally or simulating sexual acts that) Code  § 311.11. A deputy sheriff searched Defendant had discovered the computer and video from a commercial website acquired, which the young men and women in sexual activity.

questions:

Whether a finding of violation of probation was unconstitutional, the evidence of “apparent age” should be limited to establishing the relevant true chronological age, what? the trial court should complainant objected to the testimony of Mrs. Ming sustainable if not sufficient evidence to prove that kurey had knowledge that the players under 18 years

were: observation and holding

for the constitutional process infirmity, presented the Court with the California law applies to the possession of material, production of which the use of a person under 18 years knowing that the case of a person under 18 years are personally involved or simulating sexual acts. ” California law requires a minor and therefore requires real knowledge of the minority by the author. There is no constitutional infirmity in section 311.11 is similar to Free Speech found.

As a proof of appearance, the Court finds that the evidence as proof of age was in the cases in California, received before looks. In People v. Montalvo court discussed the maxim of proof required the element of time to do justice, determines that it is not limited to records of actual age. Instead should in all cases, the evidence [physical phenomena] are accepted and considered for what it can in any case the value. In particular, can assess the physical appearance of an alleged slight to look his age. “

sufficient evidence of the accused knowledge of the minority of the Court in this case observed, the judge had his own observations of the video clips as well as the opinions of Mrs. Ming. This was clear evidence that the persons depicted were in fact under 18 years old to prove. To that kurey aware that the issue involved was a person under the age of 18 years personally, or simulate sexual acts, and more are woven through the evidence, the trial judge had the investigators of the statement, that the question of how old he thought the issues are on the video, appellant replied that he hoped they were 18, but “I think they are under 18 years. “The burden of proof in a probation revocation hearing is a preponderance of the evidence. Kurey own statement is sufficient to prove that he is the status of minority actors in video clips he had.

The order of the trial court is affirmed.

Note:

These summaries are provided by law SIRS Group. they represent the views of the informal practice of the judge’s opinion opinions. The original should be for their authoritative content

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be consulted
probate law in California

DUI probation violation

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1 year ago
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There are many sanctions that can, after a DUI conviction: a prison sentence of community service, mandatory alcohol classes, fines and suspension of license. The judge may also sentence you to probation DUI. The length of a differs is based on the status and circumstances involved in the charge of drunk driving. Probation for an offense of impaired driving offense ranges from three months to one year. For a serious charge DUI, it may take several years of probation. If a person on probation commits new crimes during the probationary period, he or she faces more severe penalties. This could be a new prison time, fines, news, or a longer trial period. It is important that you understand and comply with all terms and conditions of probation. They become a probation officer appointed who will meet with you to ensure that all requirements are assigned to be fulfilled. This can also be an alcohol treatment and counseling, restrictions on vehicles, and “DUI School” requirements. During the probationary period, most DUI offenders supervised by a probation officer , but some first-time offenders on probation for a period of time without being implemented by the Registry of probation. While some DUI offenders may have only one telephone contact with his probation officer may hold another meeting in person. These sessions can be a week to once a months. At that meeting, the offender is subject to drug and alcohol random.’ve installed In some cases, the offender ordered ignition interlock in their vehicle. This unit is designed around the car from starting if the driver maintain a BAC exceeding a certain limit. The driver must be downloaded into the car on test results. If the breath test on this device, the offender’s probation officer reported . In many cases, DUI, receives a penalty suspended sentence the offender. However, if probation is revoked, the offender must serve his prison sentence of his will. In this case, the offender has the opportunity to attend a hearing to present evidence and say, his version of history. He decided on a case by case basis, if an offender may be represented by a lawyer during this process.

What this game Probation

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1 year ago
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Probation and Parole

are responsible for the supervision of offenders who are convicted of crimes are placed on probation or parole. Probation officers work with offenders who are sentenced to probation instead of prison. During probation an offender and a probation officer may use personal contacts with the offender and the offender’s family, to ensure adequate supervision. Agents can take the offender by the offender in place of employment or at home. A probation officer may counsel the offender and assist in finding appropriate training, job placement or rehabilitation plans. An individual management plan with the offender, in which the objectives of the person, work, help them develop to stay out of trouble together. That often includes references to organizations for advice and assistance on issues such as drug use, psychological problems and anger management. This includes, in conversation with his probation officer of their problem and the danger of collusion in their lives. The management plan and assessment of individual risk of recurrence may be seen during the probationary period, if targets are achieved and new objectives need to be verified. What is the frequency of contact with a person / a> is also determined. The case manager can monitor progress by contacting family members, employers, employment agencies and other sources of information. work with individuals who committed crimes were not sent to prison. A probation officer to serve these people and help them find support or training. Probation officers work closely with the Court’s declaration and recommendations on the cases. / a> work with people, the crimes are not sent to prison. A probation officer to serve these people and help them find support or training. Probation officers work closely with the Court’s declaration and recommendations on the cases. Probation officers also supervise people who choose to work their fines, the fine option program, and the persons referred to alternative measures or extrajudicial sanctions. Probation officers also prepare reports on offenders for the courts. / a> have a wide range of tasks, analysis of customer behavior and to register, contact family members and employers, clients and lawyers and judges. To enjoy all these tasks, you’ll need at least a four-year course, everything depends on the type of court you with work. It is also useful to have some professional experience in a related field such as corrections or social psychology.

Probation officer: Job Description

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1 year ago
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Parole officers and probation officers play a role in criminal justice systems by supervising offenders who have been released from incarceration and, often, in recommending sentencing in courts of law. A probation officer works for the criminal justice system, supervising offenders who have not yet been sentenced for crimes or individuals who have been sentenced to probation or given suspended sentences.

This differentiates a probation officer from a parole officer, who supervises prisoners who have been released early for good behavior. In some regions, the functions of parole and probation officer are combined for greater efficiency. Primarily, a probation officer ensures that the terms of probation are enforced. For example, a court may agree to put someone on probation if they agree not to consume drugs or alcohol, and to refrain from socializing with certain people. The probation officer meets with this individual along with family, friends, and employers, on a regular basis, and he or she may perform random visits or tests to ensure that the person is complying with the probation restrictions.

Work environment. Probation officers and correctional treatment specialists work with criminal offenders, some of whom may be dangerous. While supervising offenders, they usually interact with many other individuals, such as family members and friends of their clients, who may be angry, upset, or difficult to work with. Workers may be assigned to fieldwork in high-crime areas or in institutions where there is a risk of violence or communicable disease.

Probation officers and correctional treatment specialists are required to meet many court-imposed deadlines, which contribute to heavy workloads. In addition, extensive travel and fieldwork may be required to meet with offenders who are on probation or parole. Workers may be required to carry a firearm or other weapon for protection. They also may be required to collect and transport urine samples of offenders for drug testing. All of these factors make for a stressful work environment. Although the high stress levels can make these jobs very difficult at times, this work also can be very rewarding. Many workers obtain personal satisfaction from counseling members of their community and helping them become productive citizens.

Typical work activities

Tasks typically involve:

providing pre-sentence reports on people charged with an offence, which help magistrates and judges to decide on what sentence should be passed; managing and enforcing community orders made by the courts, which may involve participation in group programs (usually run by specially trained probation officers), ensuring offenders attend supervision with a probation officer, and/or ensuring offenders undertake unpaid work that benefits the community (if offenders do not cooperate, the probation officer will arrange their return to court for a further punishment); delivering specialist programs to change offenders’ attitudes and behavior in order to help reduce further offending; providing specialist reports to prison governors and parole review boards that help determine whether a prisoner should be released and, if so, under what conditions, e. g. curfew/tagging order or probation supervision; undertaking meticulous record keeping and review processes;

Probation officers, who are called community supervision officers in some States, supervise people who have been placed on probation. Correctional treatment specialists, who may also be known as case managers or correctional counselors, counsel offenders and create rehabilitation plans for them to follow when they are no longer in prison or on parole. Parole officers perform many of the same duties that probation officers perform. The difference is that parole officers supervise offenders who have been released from prison, whereas probation officers work with those who are sentenced to probation instead of prison. Pretrial services officers conduct pretrial investigations, the findings of which help determine whether suspects should be released before their trial. In most jurisdictions, probation is a county function and parole is a State function.

Rhode Island Probation – A Period of Extreme RISK by a RI criminal Lawyer!

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1 year ago
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If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. A probationary period is a period of extreme risk! If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten business days a person has the right to a hearing.

A person who is facing a probation violation hearing should retain a Rhode Island Criminal law attorney or if eligible should Contact the Rhode Island Office of the Public Defender. If a person is eligible they will receive a free attorney from the Public Defender.

At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction. At the violation hearing the prosecutor has all of the leverage and power to coerce a plea because it is very easy to prove a probation violation and the prosecutor can threaten additional jail time as a result of the probation violation.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode island Family Court or restraining order in effect. A violation of a no contact order or a restraining order is a violation of probation.

A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI. As a result of a probation violation, A person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)

For Example, a person with a probation sentence may get themselves deeper into trouble when they resume communications and contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. These infractions are typically considered technical violations of probation. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

Probation and Its Qualifications

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1 year ago
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Probation is a type of sentence ruled by the court after an offender’s imprisonment. On probation simply mean that the offender is serving the remaining time of his sentence outside of jail after conviction from a criminal charge. There are some cases wherein the judge will directly put an offender on probation without having to do a jail time if the offense is not as serious as other crimes that merit incarceration and other higher form of penalties. For certain jurisdictions in United States, use of probation are a sentencing option for misdemeanor charges and certain felonies which are deemed probationable by the court.

A person who is on probation has to follow certain requirements set by the court which is overseen by a probation officer. Under probation means that the offender is prohibited from owning a firearm or ammunitions and is required by law to follow a curfew which will be set by the probation officer or the Probation Office where the offender has to report regularly for the duration of once every seven days. He is also compelled to follow every orders and instruction set by the probation officer and is not allowed to leave the jurisdiction with prior notice or authorization. An offender on probation is also obliged by the law to avoid contacts with the victims or other persons involved in the charge against him and this include co – conspirators and accessories to the crime. Depending on the gravity of the case, an offender on probation can be fitted by an electronic tag to let the officers know his whereabouts at all times. The person is also expected to submit himself to drug and alcohol testing and do a community service as part of the sentence.

An offender on probation has a lot of things to consider for him to avoid violation of the probation which can result to revocation of the probation. It only means that once the court revoke the probation, the offender will have to serve the remainder of the sentence inside a jail. Probation records are kept by the probation office, the court, law enforcement agencies and it can also be accessed through online websites hosting public record search like CriminalPages. com. Most of the time, probation records are public and it can be accessed through a lot of means. There are different reasons why people would want to obtain a probation record and the most popular is for background checking.

Basically, probation is given for first time offenders with no violent crimes in their criminal records. Being on probation does not mean that the person is already free from his sentence. There is a big difference between a parole and probation and sometimes it confuses people thinking that probation is actually getting off a sentence. There are a lot of restrictions and requirements for probation which has to be met by the offender to avoid violation. Serious violations can lead him back to jail where he has to serve the remainder of the sentence in incarceration.

How to Violate Probation

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1 year ago
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There are a number of options, including completely revoking probation or parole and making you serve the remainder of your prison sentence or imposing the maximum sentence for violating probation; modifying the conditions of probation or parole supervision; or just warning you and putting you back on parole or probation under the same conditions. There are other possible sanctions, such as increasing the level of supervision, placement in an intensive day program, or placement in an electronically monitored home confinement program.

If probation is part or the entire sentence you have been given after a criminal conviction, you should be aware of the various ways that you could violate your probation — because of the negative consequences. Some of the more common probation violations include:

Failure to Appear: A scheduled court appearance is often a condition of probation. The purpose is to provide the court with a progress report on how a defendant is doing in the community. If the defendant doesn’t appear for this court appearance, a judge may consider it a probation violation. Failure to Report: A defendant’s probation may require him or her to report to a probation officer at scheduled times. Failure to report as scheduled may result in a probation violation. Violation of Rules: Probation often includes one or more rules from the judge that prohibit the defendant from visiting certain places or people. If the defendant breaks these rules, it’s a probation violation. Failure to Comply : Mandatory rehabilitation or community service may be part of a defendant’s probation. Failure to Pay : If the defendant doesn’t pay a fine or pay restitution to a victim as ordered, the judge may consider this lack of action a probation violation. Possession of Illegal Substances : Possession of illegal weapons or drugs is a common probation violation. Committing a Crime : Not committing any further crimes is mandatory during probation. Conviction for a new crime will be a probation violation. Being Arrested : Regardless of whether someone on probation is charged with a crime, if he or she is arrested during probation, it will probably be considered a probation violation.

Some of the most common ways to violate probation are the following:

–changing your residence without authorization or notification to your probation agent

–failing to pay fines or restitution

–failing a drug or alcohol test (sometimes called “a dirty drop”)

–being arrested for a new crime

–missing an appointment with your probation officer

–failing to complete a court-ordered program

–failure to appear at a scheduled court appointment

–associating with a known criminal

–leaving the state without the permission of your probation agent

–failing to maintain employment or school

The judge reinstated my client to probation, same terms and conditions. However, it is the duty of the defense attorney to gather all mitigating facts which could assist the client. Simply “submitting” to the court on its discretion is fatal. Since the prosecutor’s standard of proof is only by “preponderance of the evidence” and not “beyond a reasonable doubt”, it is crucial that a hearing be prevented and negotiations by your criminal defense attorney with the prosecution and the judge succeeds.

Probation Violation Consequences

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1 year ago
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Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is “on probation” has been convicted of a crime but has served only part of the sentence in jail, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called “probation able” offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.

A defendant may also be placed on probation. A defendant on probation will ordinarily meet with his probation officer monthly and at times more frequently. Sometimes, a defendant will be placed on “non-reporting” probation, where he does not meet with a probation officer.

If a person is convicted of a probation violation, sometimes the court will extend his probation, or impose additional terms. Often, the court will sentence the probationer to a period of time in jail, followed by the continuation of his probation. Sometimes, the probationer will be repentance to jail or prison, or will be ordered to complete a term that was previously “suspended. “

Probation offers pre-trial and intake services, conducts pre-plea, pre-sentence and pre-disposition investigation reports and provides supervision of adjudicated and convicted offenders for the court. Given the unique position of probation at several key points within these systems, it has become increasingly clear that probation plays a pivotal role in a coordinated community response to domestic violence.

Consequences for a conviction on the charge of Probation Violation include:

Probation revoked Jail or imprisonment (depends upon original conviction) Significant fines Probation reinstatement with additional terms including: Jail/Prison Longer term Community service Rehabilitation program Additional fines Other

Probation violation occurs when a person fails to adhere to the terms of his/her probation.   When a person does not comply with the terms of his/her probation, he/she may be punished with the maximum sentence for the crime in which he/she was placed on probation for committing.  

After a person is placed on probation, he/she is allowed to return to his/her home environment instead of jail.   In order for a person to successfully complete the terms of his/her probation, he/she must follow the rules that were set forth by the court at the time he/she was sentenced.   Once a person has been placed on probation, he/she may have to report to a corrections officer on a regular basis, or complete community service activities.

Can you still receive a pell grant if youve been placed on academic probation?

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1 year ago
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I received half of my pell grant this fall semester of 09. But I really messed up my grades and might be placed on academic probation for spring 2010. If I am placed on academic probation, will I still receive the rest of my grant for the spring semester? Can you still receive a pell grant if youve been placed on academic probation?

**FAILING PROBATION EMPLOYEE NEEDS PRIOR NOTICE

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1 year ago
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Most businesses, big or small, employ people to work for them. To reduce the chance of having employed someone unsuitable, the employer has an agreement with the employee that he/she will have to undergo a probation period or the employer’s working rules require the employee to undergo probation. At the end of the probation period, the employee will be evaluated on whether the employee passed the probation. If the employee passed the probation, he/she can continue to work for the employer. If the employee failed the probation, the employer will inform the employee on this and he/she cannot continue to work.

In most cases, the employee who does not pass probation is legally entitled to a minimum prior notice period on his/hers employment termination. How long is this minimum prior notice period ? For example: XZZ Company Limited employed Khun A to work for the company as a sales executive. In the employment contract it is stated that there is a 119 days probation period. Wages will be paid to Khun A on a monthly basis. If XZZ Company Limited decided on September 20, 2008 that Khun A will not pass his probation due to poor work performance. XZZ Company Limited shall notify (written notice) Khun A on this on September 20 and Khun A’s last day of employment is October 30, not October 19. Termination must take effect at the following time of wages payment. Under labor laws, this is the minimum prior notice period on termination which XZZ Company Limited must provide to Khun A.

If the XZZ Company Limited thinks that it will be better for the business if the Khun A leaves immediately, then the XZZ must compensate Khun A for all wages which he is entitled to up until his last employment day i. e. October 30 and ask Khun A to leave immediately.

New amendments to the labor protection law have expressly stipulated that a probation period is not an employment contract with a fixed employment period. An employment contract with a fixed employment period would deem that there is no need to provide prior notice on termination. The employment would just end on the last day of the employment period. A probation period is not considered an employment contract with a fixed employment period because if the employee passed the probation, the employee will be able to continue working.

Tip

The employer should provide proper prior notice of termination to the employee (i. e. adhering to the minimum legal requirement). Also, prior to entering into an employment contract with an employee, the employer should consider the contractual conditions carefully. Especially conditions on the nature of work and wages payment.

** Written by David Tan. David is a Lecturer of Business Law at Asian University and author of the book “A Primer of Thai Business Law (Second Edition)”, available online at www. chulabook. com . In Bangkok, the book is available at all Kinokuniya and Asiabooks bookstores. Any questions or comments should be sent to Business Legal Advisory Services at: blas. inter@yahoo. com

 

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