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trh

PO didn't follow state statute

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State statute of limitations states for first offense misdemeanor, total amount of probation shall not exceed 2 years. I have been on probation 2 years, 3 months and 28 days. Probation officer admitted he screwed up when I presented him with the state statute. Is there any type of restitution for things like this? Also, what are his obligations as far as signing off on probation, dismissing it etc. How does it end?

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The word "restitution" is derived from the same root as "restore" and refers to the returning of something that was taken.  Nothing was taken from you, so the concept of restitution doesn't make sense.

 

The length of your probation was determined by the court.  If the court sentenced you in excess of what the law allows, that's something you could have challenged at the time.  If this is merely a situation where your PO made a mistake and didn't take you off probation when he should have, you might have a claim if you suffered any harm as a result.  Your post doesn't mention anything about this, however.  As far as the mechanics of the probation process, that something only someone local will be able to address, and, as far as I know, no one from Nebraska follows these boards regularly.

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My PO extended my probation twice, the second time exceeding the 2 year limit. I lost all of my vacation/sick time at work and 12 days of pay for classes I had to travel to in order to comply with my probation. My family struggled financially due to the cost and travel expenses to these classes. My PO is now trying to get my probation revoked due to 2 unfinished classes. Co attorney already dismissed 1 motion for it, but PO says he's filing another. That was until I showed him the state statute. My question is, how can he get away with not complying with the state statute? Isn't that breaking the law in a sense?

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Hi @trh

 

Welcome to the Answers community! Thanks for your post. If you believe that you have experienced quantifiable damages due to your parole officer's error, you may want to speak with a local attorney about what options are available to you. You can use our Lawyer Directory to find one -- many offer free consultations.

 

Best of luck!

The FindLaw.com Team

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