grandmaj
Former Member
- Joined
- Mar 6, 2009
- Messages
- 43,414
- Reaction score
- 16
Here is how I see this. Judge Perry knows and has it on the record that the probation was not a valid probation. He has also noted for the record that the defense knew about this and didn't notify the court. He has also made it clear what the original record stated. And I think he believes that the record can be corrected as a result of that case that Frank George quoted.
What I also think this did was point out that the Probation Department excercised more discretion with a court order than they had a legal right to do. And will note that in his decision to avoid case precident from being set.
But in the end, the Judge unless he can find more case law which would indicate that this would not be considered double jeopardy, will rule against this probation. Because the screw up was Administrative, and no person should pay for that.
What I believe is, that Judge Perry will find out exactly what it is that was done. What probation other than intake was done. He said he wanted to talk to the supervisor of Probation. I think Judge Perry needs to be clear in his mind, did Casey really do probation, or did the probation department give her a pass.
Only if he believes they totally gave her a pass without a second glance do I believe he would consider probation for Casey.
However, I believe the record will be clear on his reasons, and I also believe that the probation dept., will be reviewed for policy. That supervisor should be shaking in her boots right now. She is not a judge and IMO she made decisions without going back to the court for clarification.
What I also think this did was point out that the Probation Department excercised more discretion with a court order than they had a legal right to do. And will note that in his decision to avoid case precident from being set.
But in the end, the Judge unless he can find more case law which would indicate that this would not be considered double jeopardy, will rule against this probation. Because the screw up was Administrative, and no person should pay for that.
What I believe is, that Judge Perry will find out exactly what it is that was done. What probation other than intake was done. He said he wanted to talk to the supervisor of Probation. I think Judge Perry needs to be clear in his mind, did Casey really do probation, or did the probation department give her a pass.
Only if he believes they totally gave her a pass without a second glance do I believe he would consider probation for Casey.
However, I believe the record will be clear on his reasons, and I also believe that the probation dept., will be reviewed for policy. That supervisor should be shaking in her boots right now. She is not a judge and IMO she made decisions without going back to the court for clarification.