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Old 05-14-2006, 10:57 AM
gmillathagreat gmillathagreat is offline
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Join Date: May 2006
Posts: 4
if a previously guily plea was entered

january of 06, i plead guilty to owi, and was sentenced to 2 yrs of probation, and $835 in fines with probation costs incuded. im required to maintain employment, and attend AA once a week. in addition to attending a crime victim impact class of some sort. any violation will result in 30 days in jail. since my fines are paid, my probation officer states she will give me non-reporting(i dont have to report monthly) once i complete the required class, and have a AA attendance sheet completley signed(from top to bottom). my question is, is there a remedy, or anything that can be done to release my obligation to perform?
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Old 05-14-2006, 11:20 AM
kgod999
 
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probation problem

do a writ of habeas corpus based on lack of subject matter jurisdiction. BUT, do your research on WHY they lack jurisdiction from the beginning. that lack of jurisdiction voids any conviction, even if you plead guilty and they know it. one more thing, being on probation is still being incarcerated so dont let them tell you it only applies to actually being in jail. lastly, base the writ on common law, not statutory law because they will try to put in statutory post conviction relief garbage to deny the writ.
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Old 05-14-2006, 05:54 PM
gmillathagreat gmillathagreat is offline
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previously guilty plea was entered

what does doing a writ of habeas corpus consist of? do i just, not report and wait for them to respond? i understand that they dont have smj, but where can ifind information on i going about it? is there a way i can have my p.o send me something via mail stating im on probation, and list the requirments. and accept it for value, and send it back signed. i could use a little more insite please. thanks for your effort.
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