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About Edward Martinovich, Esq.
Expertise
Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me" I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.

Experience
I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.

Education/Credentials
I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > Probation Appointments

Criminal Law - Probation Appointments


Expert: Edward Martinovich, Esq. - 9/18/2006

Question
My husband was convicted of a DUI this past December. He was sentenced to reporting probation and DUI School. He sucessfully completed the DUI school. He has made numerous calls and visits to the court house to set up the appointments with the probation officer with NO RESPONSE what-so-ever from said officer. He has also been there at least once per month to pay of his fines. He stopped again today to pay on his fine and was informed that there was a warrant out for not appearing for his probabtion appointment. He has now had 6 more months added to his sentence. What I don't understand is how is it his fault that the current and past probation officer in our town have been switching out and never bothered to even call him back? It was said that a letter was sent to him, but I check the mail every day and have NEVER received anything from the court. Is there something that can or should be done to dicipline a probation officer that doesn't do their job?

Answer
Karen:
I wouldn't worry about disciplining the PO, i would worry about your husband's warrant.  If in the course of taking care of that the PO gets disciplined, so much the better.  But that should not be your primary concern.

Well, you're going to have to prove to the judge that your husband made every effort to visit the PO for his appointments, but it did not happen.  
Why are you calling the courthouse to make an appointment with the PO?  Is that normal in your jurisdiction?  Typicall, the probation dept. is seperate from the courthouse
good luck

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