ohdeelightful
New Member
I plead guilty to 2 charges via plea agreement in jan. 2010. The first was a disturbing the peace charge which i was sentenced to a couple hundred in fines and 30 days in jail suspended. The second was a "Frequenting" charge- idaho code 37-2732(d).
It's pretty much being in the precense of illegal activity. That is the link to the statute.
Now, this charge had a MAXIMUM punishment of 300 dollars in fines and 90 days in county jail. I was sentenced to 180 days, 170 suspended and i paid 585.50 in fines. I realize they are going to say the other money was for court costs and blah blah blah, so the money is gone. However, they also gave me 2 years of supervised probation- of which i have served 9 months, completed a drug evaluation, 16 hours of drug and alcohol classes, and checked in monthly submitting to random drug tests. I recently failed a UA fro alcohol (im 22 years old.) and now my probation officer has got me doing daily breathalyzers every morning, and shes forcing me to go to rehab for 6-12 months.
alright, so i had a public defender for this whole thing, and he's the guy that stood there as i got illegally sentenced. If it would have just been the three months from the get go, i would have served my time and never chose probation. The question now becomes-
there is a rule 35 in idaho- a motion to correct an illegal sentence, because at this point, i don't want to do probation anymore. BUT i want (at least SOME) credit for time served on probation! or my money back for probation. i've spent over 1500 dollars for probation, and countless hours of time. Is it possible to get credit for this? or can i sue the county for all the money i've put into this? i honestly would have gone to jail for 3 months ANY DAY over 2 years of this insane probation, but i didn't want to serve 6 months. I guess im just trying to see what the heck can be done- or if im just going to have to serve out the 3 months in jail, and lose the time and money invested into probation.
It's pretty much being in the precense of illegal activity. That is the link to the statute.
Now, this charge had a MAXIMUM punishment of 300 dollars in fines and 90 days in county jail. I was sentenced to 180 days, 170 suspended and i paid 585.50 in fines. I realize they are going to say the other money was for court costs and blah blah blah, so the money is gone. However, they also gave me 2 years of supervised probation- of which i have served 9 months, completed a drug evaluation, 16 hours of drug and alcohol classes, and checked in monthly submitting to random drug tests. I recently failed a UA fro alcohol (im 22 years old.) and now my probation officer has got me doing daily breathalyzers every morning, and shes forcing me to go to rehab for 6-12 months.
alright, so i had a public defender for this whole thing, and he's the guy that stood there as i got illegally sentenced. If it would have just been the three months from the get go, i would have served my time and never chose probation. The question now becomes-
there is a rule 35 in idaho- a motion to correct an illegal sentence, because at this point, i don't want to do probation anymore. BUT i want (at least SOME) credit for time served on probation! or my money back for probation. i've spent over 1500 dollars for probation, and countless hours of time. Is it possible to get credit for this? or can i sue the county for all the money i've put into this? i honestly would have gone to jail for 3 months ANY DAY over 2 years of this insane probation, but i didn't want to serve 6 months. I guess im just trying to see what the heck can be done- or if im just going to have to serve out the 3 months in jail, and lose the time and money invested into probation.
