Can a VOP vacte a previous mtion that was granted.

[wellswood]

Here's a quick summery of my situation. I got put on 1 year house arrest in June '08. So my original termination date is June '09. In February of '09, I filed a motion for early termination. That motion was granted, so my new termination date was March '09. Well, in between the motion that was granted and my new termination date, I violated. At the hearing of that violation, the judge modified my house arrest by adding 6 months with no early termination. Does that 6 months start with my March '09 termination date, or does it start from my original termination date (June '09)? Here I am getting ready to get of house arrest in September (6 months after March) and my probation officer tells me that I don't get off until December (6 months after June). She says that the VOP vacated that motion I got granted. Can somebody PLEASE help!!

 

[raskalnikov]

They should have told you, but my guess would be you won't get off until December.

 

[wellswood]

Thanks for the quick response raskalnikov. I'm waiting on the transcripts for that VOP hearing to see if he said anything about rescinding the previous motion. I do have to mention that the VOP judge is different from my case judge. An there was about 100 VOP hearings that day so it was a pretty quick court proceeding. So if the judge didn't mention that he was rescinding my previous motion or previous early termination date, it can still be rescinded even though he said nothing about it?