Oh I am sick of this Casey probation junk!

[DammitJanet]

Ok, Casey stole her friends check book and wrote 4 checks for over $650. She pleaded guilty to that. That should have been 4 counts of an H felony. What they keep saying is she wrote bad checks...NO!!!!! That isnt writing bad checks. That is forging and uttering checks. Writing a bad check is when you write a check on your own account.

The court gave her a punishment commensurate with writing a bad check not with felony forging and uttering. They gave her one year probation total. Meanwhile, Cory got what he got for my 3 checks! 3 years intensive probation, house arrest, 30 days active, felony convictions. No leaving the state without permission. Has to check in once a month, drug testing, no alcohol.

On TV, they are saying Casey could have alcohol within limits. HUH? I have never heard of that for anyone on probation. They actually told us that when Cory was here that they would rather we didnt have any in the house but if we did, to please make sure it was kept either in my room or that it was something like cooking wine if it was in the kitchen. If we did have beer in the fridge, make sure it was not a whole lot. No problem, we dont normally drink. Once in a blue moon I do make a recipe that calls for cooking wine and I have to go buy a small bottle.

This is so much special treatment for her. Anyone else who forged those checks would get at least what Cory got...and he got off easy.

 

[donna723]

I'm confused about the whole thing! Is this about the checks she stole from her friend or the checks she stole from her mother?

 

[DammitJanet]

Her friend. Her enabling mother never charged her.

 

[DammitJanet]

The judge that sentenced her was lenient and gave her a years probation to "be served after the conclusion of her trial"

 

[DDD]

In Florida you are allowed to drink on probation...so long as you are a legal adult. DDD

 

[Hound dog]

Ok. I have a question. If she's on probation, how is it she can come to ohio? I thought as long as you're on probation you're not allowed to leave the state without special permission via the court/judge, which isn't so easy ( has to be for a job or some such) normally. Yet she's supposed to be in ohio.

I did catch where they wanted her to come back to court....or something where she'd have to stay in Florida and her lawyers argued it would be too dangerous for her. WTH? Since when would the court care about such things? That is her problem, it should have nothing to do with her sentencing. It's not up to the court to babysit her fanny and they should not be giving her any special treatment.

 

[keista]

There was a new judge assigned to her case and there was a 'stay' on the probation order. They are now saying she'll have to come back some time next week when they deal with the probation issue. Casey's team is arguing that the consecutive probation order was done "illegally"

 

[Mattsmom277]

I found a more in depth article on this. Apparently in court the probation was said to be after being released from jail. The jail time for the checks was considered time served from her time in prison on the other charges. Then when the probation order was typed, the phrase "after release from jail" was NOT included, therefore probation in her city attended her within the jail for the following 12 months, and sent her a formal discharge letter upon completing the 12 months probation while in jail. Not only her defense, but also the prosecutor for the check stuff and the probation office believed she had fulfilled her probation, because according to the final signed court order, she HAD completed it, under supervision of probation, while incarcerated. After her release last month, the judge that convicted her on the checks said Huh? Why is she not here on probation and THEN caught the error, that he himself had signed off on the order way back that did NOT include what he'd said IN court, about serving it after release. So in fact she HAD completed the order HE signed. However, this past Monday he entered a adjustment to that old probation order to include the phrase retroactively to match what he said in court, that it be after her jail term that she serve the probation. That is where the fight is now in court, because by law, the judge signed off and probation did complete their duty to supervise her and in fact even sent her the paperwork that she successfully completed her probation term. So its a technicality yes, it was intended for her to be doing that probation NOW, not back while incarcerated. However, he messed up (the judge) by signing off on the order without that clause, and she and all the other players (prosecutor and probation office) supervised that full term of probation and signed off on completion of the 12 months.

Edited: Had to cut post short, had a important phone call. Didn't get to finish by saying that I do hope that they can retroactively apply this probation order and cause her to have to complete that 12 months. Technicalities annoy me to no end when they result in someone not having to properly complete the spirit of an order, in this case, the original intent of having her complete it after release from jail. I think her lawyers have good reason legally speaking to fight this, but I do hope that the order is enforced. I think they may have to alter some terms though, such as having to serve it only in that city or having to have employment (who is going to hire her?!?! Nobody is who). Bottom line though, mess up in paperwork aside, she should be completing at as originally stated in my humble opinion.

 

[DammitJanet]

mess ups happen in paperwork all the time and the defendants still have to serve their time. I cant tell you how many times they have messed up Cory''s stuff up to including forgetting to notify him of a changed court date which caused him to miss court and have his bail revoked in the middle of the night. The bonds got forfeited and it costs us even more to get him out even when we managed to get ahold of his lawyer who got it before a judge who dismissed the charges but the bond company wouldnt let go of the bond forfeiture charges. It was a mess.