Will Casey face probation?

[rotterdam]

I will be surprised if she has to serve additional probation. if she was still on probation I would feel differently-but if she has been released from probation and the sentence ha been served? not so much.

When did the written notice say probation was to be served?
JMHO of course.

ETA: also has the issue come up of a time clock running on how far after a probation has been declared complete that they can amend that declaration? that would be key.

No starting time for probation on the written order, just a duration of one year. From what I understand , probation is generally expressed with an ending date on the written order, not a starting date. Which was impossible in this case, a fact that Mr. George brought up during the sentencing.

 

[askfornina]

YES! and that is how it should be, you can't make someone serve it twice...or at least you shouldn't be able to. That would mean any one of us could be caught in that sort of mess.

right. no matter what casey may or may not have done, i would not want her constitutional rights violated. that is a slippery slope

 

[Talina]

Richard Hornsby explained this very well in his blog

http://blog.richardhornsby.com/

I'm not sure we can assume now what Perry will rule based on what Hornsby is saying. Sounds to me like if HHJP follows the law, she will be serving probation and Judge Stricklands order will stand.

 

[JBean]

No starting time for probation on the written order, just a duration of one year. From what I understand , probation is generally expressed with an ending date on the written order, not a starting date. Which was impossible in this case, a fact that Mr. George brought up during the sentencing.

Typically it is a time limit set by the court and enforced by DOC or other agency. the probation departments are extremely powerful and have a lot of say. So if they followed the orders given them and the probationary period was completed, I think this is all moot.

Another way to look at Perry's stay order is that he is trying to buy time to come up with any precedent to keep her on probation rather than letting it go. I suspect imposing the stay was not for the benefit of KC but rather just the opposite;it was for the benefit of the state.

 

[Schu7]

ETA: also has the issue come up of a time clock running on how far after a probation has been declared complete that they can amend that declaration? that would be key.

Well Judge Perry is well within the 60 day period to amend is signed calculations on Casey's lying jail time. Surely can can rule that the check fraud probation and lying jail time can not run concurrently. And redo the jail time for lying to the police. I HOPE!!!!

 

[JBean]

Well Judge Perry is well within the 60 day period to amend is signed calculations on Casey's lying jail time. Surely can can rule that the check fraud probation and lying jail time can not run concurrently. And redo the jail time for lying to the police. I HOPE!!!!

hey you have given me an idea. Has anyone asked whether probationary periods in jail can be counted towards time served? Oh careful what you wish for because if her probationary period cannot count towards time served she'd have to go to jail for a year. :floorlaugh: Guess who would be begging for probation? LOL.
Now if that were the case they could definitely change that and haul her back in-no doubt.

 

[rotterdam]

Probation for lying charges would just be a minor nuisance IMO for the convict. It will be a cake walk and not invasive like a drug conviction, sexual offender etc.
Just a lot of grandstanding on both sides. I almost just wish they would have left it alone.
Another waste of resources in an already downsized budget for the judicial system.

 

[Talina]

hey you have given me an idea. Has anyone asked whether probationary periods in jail can be counted towards time served? Oh careful what you wish for because if her probationary period cannot count towards time served she'd have to go to jail for a year. :floorlaugh: Guess who would be begging for probation? LOL.

In addition, she got credit twice for the 412 days of time served on the check fraud. They counted those days towards her 4 year sentence on the lying convictions. HHJP said in the sentencing hearing they'd have to look into how much time had been served and used up on the prior charges but it looks to me like she got credit for those days twice. So, she got credit for the 412 days twice, and she got credit for one year of probation while also using that same year towards her 4 year sentence on her lying convictions. Sounds pretty light to me considering HHJP sentenced her to the maximum time permitted and yet she got so much time double credited.

 

[rotterdam]

hey you have given me an idea. Has anyone asked whether probationary periods in jail can be counted towards time served? Oh careful what you wish for because if her probationary period cannot count towards time served she'd have to go to jail for a year. :floorlaugh: Guess who would be begging for probation? LOL.
Now if that were the case they could definitely change that and haul her back in-no doubt.

Yes I did, it is on the valuable informative lawyers thread, AZ lawyer answered that question. Not a problem serving actual jail time , as opposed to incarceration/no bail time, concurrent with prob. time.

 

[logicalgirl]

I will be surprised if she has to serve additional probation. if she was still on probation I would feel differently-but if she has been released from probation and the sentence ha been served? not so much.

When did the written notice say probation was to be served?
JMHO of course.

ETA: also has the issue come up of a time clock running on how far after a probation has been declared complete that they can amend that declaration? that would be key.

I've been reading along and understand your argument here and I guess I'm going to ask the same question here. Yes, after she was sentenced to the check fraud, she was in jail being held on another charge.
But she was found guilty of four new charges and those were backed up to include time served. So my question is that no one is answering including the spokesperson from DOC who conveniently avoided it, is how could she be on probation at the same time as she was serving those other four concurrent sentences and getting time off for good behavior? Can you get good behavior if you are on probation from 7 check fraud charges. That isn't even making any kind of sense no matter how I look at it. :waitasec:

 

[logicalgirl]

In addition, she got credit twice for the 412 days of time served on the check fraud. They counted those days towards her 4 year sentence on the lying convictions. HHJP said in the sentencing hearing they'd have to look into how much time had been served and used up on the prior charges but it looks to me like she got credit for those days twice. So, she got credit for the 412 days twice, and she got credit for one year of probation while also using that same year towards her 4 year sentence on her lying convictions. Sounds pretty light to me considering HHJP sentenced her to the maximum time permitted and yet she got so much time double credited.

But to me it also looks like the probation "being served" wasn't even part of the quotation for what she was serving.....nobody even seems to have brought it up...

 

[Schu7]

hey you have given me an idea. Has anyone asked whether probationary periods in jail can be counted towards time served? Oh careful what you wish for because if her probationary period cannot count towards time served she'd have to go to jail for a year. :floorlaugh: Guess who would be begging for probation? LOL.
Now if that were the case they could definitely change that and haul her back in-no doubt.

You have captured my point I have been trying to put out for a day here. JB has proved he does not do his homework. So just maybe this is why Judge Perry asked Judge Strickland to amend the probation order yesterday. Judge Perry knew the case would be sent to him. And he can change the lying time served under new circumstances. So here is hoping. Like I have stated, I figure Casey will get 211 days back in jail when all is settled.

 

[Whisperer]

I wish they would get Baez's darn face off the screen. He's darn lucky he lives in the U.S of America. Is he is a citizen? He played the money card today. It would be too expensive for the citizens to make her return. He said taxpayers will pay for her security?
Did I hear that right? Security inside the courthouse..is all perhaps. Once she leaves the grounds, she's on her own.

Here in CA, they make mistakes all the time when they compute the time. There is a counselor (not MH) that see's them x1 a month and goes over time with the inmate. These counselors basically do nothing...but pull the file and compute the time, yet they still get it wrong. These are the same people that function as parole officers on the outside.

Having the Government run things is not an efficient way of doing business. Yet people keep screaming for more...go figure!

 

[Sweet Fox]

So ... there will be a hearing on Friday morning, August 5.

Of course ... CM and JB will be there "whining" to the Judge how "unfair" their client has been treated ... and that she should NOT have to serve probation ... blah blah blah ...

And of course ... Judge Perry is going to "grant" the DT's request for NO probation for the "princess" ... blah blah blah ...

The Pinellas 12 not guilty verdict was bad enough ...

Judge Perry is going to let this "slide by" ... he's "done" with this whole case ... he doesn't want to see or hear from any of them again -- except maybe his Jury from Pinellas ...

CFCA will NEVER EVER be held RESPONSIBLE for anything in her life if Judge Perry lets her slide out of this on Friday !

MOO MOO MOO

:sick::sick::sick:

Sorry to say, I totally agree with everything you said. MOO

Orlando Justice = OJ

 

[JBean]

I've been reading along and understand your argument here and I guess I'm going to ask the same question here. Yes, after she was sentenced to the check fraud, she was in jail being held on another charge.
But she was found guilty of four new charges and those were backed up to include time served. So my question is that no one is answering including the spokesperson from DOC who conveniently avoided it, is how could she be on probation at the same time as she was serving those other four concurrent sentences and getting time off for good behavior? Can you get good behavior if you are on probation from 7 check fraud charges. That isn't even making any kind of sense no matter how I look at it. :waitasec:

She was a model prisoner ,so they say during the time she was incarcerated. Good behavior applies only to the time you are incarcerated and/or on probation. So anything she did before she was incarcerated or on probation are not relevant periods of time as it relates to good behavior.

Now, if she criminally lied to LE DURING her probation and was brought up on charges and convicted of them DURING her probation, she would certainly have had a gross probation violation and would have to serve additional time. but that is not what happened. KWIM?

 

[JBean]

You have captured my point I have been trying to put out for a day here. JB has proved he does not do his homework. So just maybe this is why Judge Perry asked Judge Strickland to amend the probation order yesterday. Judge Perry knew the case would be sent to him. And he can change the lying time served under new circumstances. So here is hoping. Like I have stated, I figure Casey will get 211 days back in jail when all is settled.

I think that would be a DOC issue. It would be black and white. Either incarcerated probation time is calculated into time served or it isn't. I don't think Perry has a play here as it relates to probation running concurrently with a new sentence. He can run the new sentence concurrently or consecutively and he must give her credit for the time served as the DOC reports it to him. If DOC reports time served to include probation time (as they did) he can only go with it. Remember,Perry has no dog in this fight really.
JMHO of course.

 

[JBean]

I wish they would get Baez's darn face off the screen. He's darn lucky he lives in the U.S of America. Is he is a citizen? He played the money card today. It would be too expensive for the citizens to make her return. He said taxpayers will pay for her security?
Did I hear that right? Security inside the courthouse..is all perhaps. Once she leaves the grounds, she's on her own.

Here in CA, they make mistakes all the time when they compute the time. There is a counselor (not MH) that see's them x1 a month and goes over time with the inmate. These counselors basically do nothing...but pull the file and compute the time, yet they still get it wrong. These are the same people that function as parole officers on the outside.

Having the Government run things is not an efficient way of doing business. Yet people keep screaming for more...go figure!

CA is certainly a disaster LOL. but in defense of the DOC, calculating time served is not a simple calculation-there are may nuances and subtleties. Still someone should know how to do it or have a good program for the love of pete! but miscalculating Sarah jane Olsens by a full year is my favorite all time calculation error. I mean really! a year?

 

[Schu7]

I got a dear old friend who as homes in London, Brussels and Rome. He used to live part of the year in Sedona Arizona until 2 years ago. He left the US because of the growing insanity here. And the courts were a major part of the insanity he would not tolerate. Well he has kept up on the Casey case. Oh how he is laughing at the US! And the very very few people in Europe aware of this case are laughing at the US. Now he figures Florida will never have to see Casey again. Because that is what the politicians want. Civil suits included. I have bet him $10,000.00 dollars he will be wrong here. So please may Casey get brought back and nailed for something here. Otherwise I will pay up and never have any faith in the US system I fought for in the Armed Forces ever again!

 

[rossva]

Probation Officers have a ton of leaway. The monthly meetings, at their discretion, can be made in person (usually, if the person is able to, ie, isn't incarcerated, in person for the first 9 months is standard)or via mail, or phone.

reporting checks by phone.

So, they didn't meet with her on a monthly basis, so did she pay her $20.00 a month for 12 months? Did she get a job? Don't know about the payments but certainly the answer to the last question is NO.

 

[rotterdam]

MiraclesHappen just posted an important tidbit on the lawyers thread that I forgot about .

http://www.wesh.com/casey-anthony-extended-coverage/28523075/detail.html

Basically the Jan 2010 thru July 2011 incarceration period post check fraud sentence , 19 mos, roughly 570 days translated into 1043 days credit in their magic calculations, towards the four years lying sentence which should not have run concurrent with the check fraud sentence but it certainly appears they did.. I guess they wanted to get rid of KC in the worst way.
Probation is just minor in this travesty of justice IMO..