Legal Question in Criminal Law in Iowa

Probation Revoked...P.O. Lied Under Oath

Okay I was charged with a class C felony for possesion w/intent to distribute cocaine l/t 500g/ms... I plead guilty and got a 10 year suspended sentence and 2 years probation + fines+treatments.. 1 year and 1 month later I had my probation revoked and now am In a Residential Correctional facility for not paying all of my fines and not successfully completing treatment although I did try but was kicked out for missing 3 days cause I was sick... My p.o. lied under oath and said I paid nothing on my fines and went to community service once but didn't furnish any proof... I later recieved a call saying she got my payments I made applied which I paid around 6 months earlier and did around 40 hrs of community service.. my fine was $1000 and I paid around $150 cash and around 40hrs community service at $8 an hour..My question is is there anything I can do as the prosicuting side lied under oath and there is proof of payment..even though it is slight..This is in Clinton County, Iowa


Asked on 11/29/07, 10:04 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Probation Revoked...P.O. Lied Under Oath

When you're on probation you have to do exactly as you are told.

If you paid on your fines $150 plus 40 hours of community service which is, by the way, credited at the minimum wage of $6.20, AND including the 30 per cent surcharge on fines that makes you about $900 short. If you've paid nothing since then, and you were kicked out of treatment, how did you not violate the terms and conditions of your probation?

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Answered on 11/30/07, 2:26 pm


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