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RESTITUTION and CHANGING PROBATION JURISDICTION

Discussion in 'Probation, Parole, Incarceration' started by Flavius, Nov 18, 2022.

  1. Flavius

    Flavius Law Topic Starter New Member

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    Jurisdiction:
    Minnesota
    Have pending meeting with probation officer for under paying monthly restitution payments (25-$50) instead of court ordered 500 per mo (reduced from 600 per mo). Court determined monthy resti payments based on lie from govt that I received 2500 per mo V.A. disability, and 1000 per mo SSS. Neither of these have I ever applied for or rec'd. Could I potentially be going to jail pending probation revocation hearing? Secondly, the sentencing court is in MInnesota, but the P.O is trying to get jurisdiction changes to MI, Can I contest his request for changing jurisdiction?
     
  2. Zigner

    Zigner Well-Known Member

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    Yes.
    Sure.
     
  3. Flavius

    Flavius Law Topic Starter New Member

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    Thanx Ziggy. It seems that the P.O does not appreciate the struggle to support a family on a modest military pension, let alone after a 600 per month deduction. I hope that a judge would take into consideration that the monthly payment amount was based upon govt fiction.
     
  4. zddoodah

    zddoodah Well-Known Member

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    That's not the P.O.'s job. The P.O.'s job is to make sure you do what you were ordered by the court to do. You claimed that the payment amount was "based on [a] lie from [the] govt." While that may be true, it was incumbent on you to prove the lie at the time the court was considering the amount and you apparently failed to do that. You also could have appealed, but you apparently failed to do that. It also needs to be pointed out that this situation only exists because you chose to commit a crime.
     
  5. Flavius

    Flavius Law Topic Starter New Member

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    I respect your inputs, but your presumptions could not be more wrong.
    1, The discovery evidence showed actual income, which matched my govt appointed lawyer's
    info from Defense Finance, yet went unchallenged by the govt appointed lawyer.
    2, The govt appointed lawyer did not include my issues in the appeal.
    3. Have you heard of 'romance scams' ? Sextortion? They are endemic where I and my team were assigned (in The Philippines), on the Global War on Terror, and where I was not the first nor the last victim of a serial scammer (also in discovery) put on the victim the pedestal before an investigation even began. So do not tell me that I (or her multiple other victims) "chose" to commit a crime, while we were downrange risking our butts to protect yours, and in an OP AREA that is off limits to ALL USG (DoD, FBI, DHS, et al) and USG contractor personnel, due to the extreme CRIMINAL threat, and it's still off limits today
    4. My govt appointed lawyer had statements from witnesses attesting that the govt's 'victim' twice offered bribes to a male witness if he would testify in support of her false claims. Another witness statement in discovery claimed that the same scammer accepted money in return for accusing an American contractor of rape. His multiple alibis affidavits in discovery were ignored and not even investigated. That American was my team mate., extorted for "tens of thousands of dollars" per his NOK, denied D.P, impoverished and ruined, he killed himself leaving a wife and 2 kids.
    5. The P.O. could put any relevant info in his report, or omit relevant facts selectively, right?
    6. Corruption and arrogance runs deep and wide through the DoJ, DHS, and other agencies where promoting their agendas at the expense of our rights (see Center for Prosecutor Integrity White Paper "Believe the Victim?: The Transformation of Justice") is the new normal.
    7.Judge F. Dennis Saylor: “Whether someone is a ‘victim’ is a conclusion to be reached at the end of a fair process, not an assumption to be made at the beginning. Each case must be decided on its own merits, according to its own facts.” — John Doe v. Brandeis. The reality is that anyone accused of any type of sex crime is virtually guilty til proven innocent.
    8. To repeat, I said that I respect your opinion, though I do not appreciate your arrogant, presumptive tone. If you were as smart as you think you are, the USG would have contacted you and offered you the chance to serve your country on the Joint Special Operations Task Force/ Philippines/Forward (JSOTF/P/F) instead of asking me and my team mates.
    9. I came here in humility looking for some knowledge. I am not taking any crap from smarta**es, trying to sharpshoot me, or my situation.
    V/R,
    USN '73-'98
     
  6. adjusterjack

    adjusterjack Super Moderator

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    And we don't take crap from people who ask speculative questions, with no facts, and then get angry when they don't get the answers they want.

    I will grant you that Zddoodah's last comment may have been uncalled for but the other questions in your first two posts were answered in the only ways they could have been answered.

    Could I potentially be going to jail pending probation revocation hearing?

    The only possible answer is yes, you could potentially go to jail pending a probation revocation hearing. Will you go to jail pending the hearing? There's no way to predict that. You are apparently not in jail now, so that's a good sign, indicating that "maybe" you won't go to jail pending the hearing. But there's no guarantee there, is there?

    Can I contest his request for changing jurisdiction?

    Of course. I'm sure there is some process that would allow you to do that. Could you do it successfully. Again, no way to predict one way or the other.

    It seems that the P.O does not appreciate the struggle to support a family on a modest military pension, let alone after a 600 per month deduction. I hope that a judge would take into consideration that the monthly payment amount was based upon govt fiction.

    Zddoodah's response to that was spot on and doesn't bear repeating.

    From your last post the only question was:

    The P.O. could put any relevant info in his report, or omit relevant facts selectively, right?

    Right. I'm sure that the P.O. can do either of those.

    The rest of your last post was a rather incomprehensible rant about all the bad things that happened to you and you still haven't provided any information about what you were convicted of.

    With all due respect to you, that's something you should be discussing with your attorney.
     
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  7. army judge

    army judge Super Moderator

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    As Mister in color purple said, "Could be, could be not who's to say."



    If I were you, I'd be consulting/conferring, and or meeting with my attorney.

    I would also be availing myself of my RIGHT to remain SILENT.

    I'd speak ONLY to my attorney.

    Be smart, protect yourself, use ALL of your rights!
     
    justblue likes this.
  8. flyingron

    flyingron Well-Known Member

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    Eh? Why is it changing jurisdiction? Do you live in Michigan? If so, that transfer is routine. The sending probation department sends the info to your local one. The local one sends back what they want to do with it, and if the sending one agrees, the transfer goes through. YOU HAVE NO SAY IN THE MATTER. Your option is revocation and going to jail.
     
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  9. Red Kayak

    Red Kayak Well-Known Member

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    If you think you've displayed any humility in this thread, then it is understandable why you've had problems.
     
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