The guy disobeyed the terms of his "probation" 4 days later. Next week the Atty Gen. is revoking this bogus probation. I thought he said the guy would be arrested. My friend said he would get a summonse to appear for trial. Could it be either? Or does this constitute an arrest warrant? Also a judge told his ex that she could file contempt of court papers. But when she got to court today, they said the Atty Gen. or that judge would have to sign the order. What's up w/that? With the 2 warrants on the same day, is it typical to serve a warrant or just send a summonse to appear to him & his lawyer?
If you don't have anything intelligent to say, go answer a "my b/f likes my best friend" question, please!
2006-09-11 16:52:47 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I'll type slowly. The attorney general had an "interfering with visitation" case. (2 counts=criminal) daddy(bad man) wouldn't let Mommy(princess) talk to or see baby (teen). The plea bargain was, if the bad man didn't let the Mommy talk to or see the baby he was in big doo doo! The atty gen. told Mommy "you are his probation officer, if he screws up YOU tell us!" Then they went in to see the judge for sentencing. The daddy was told if he was mean to the mommy in the next 6 months, he would go to trial. Then the judge said that the Mommy could file "contempt" charges from the original interference case. She tried. The clerk said the General or Judge had to sign the papers. So NOW the Atty Gen & Judge will sign on both the Contepmt AND Interfering-3RD OFFENSE! The question, boys and girls was, Will he be arrested or just sent back for trial?
2006-09-11 17:29:58 · update #1
JUST READ THE DETAILS!!!
2006-09-11 17:46:14 · update #2
There are still many variables here and in spite of all the really good details it is difficult to say if "daddy" will go to jail or just get a fine. He should go to jail but bad guys don't always go there. Sometimes they are allowed to walk around free and be a pain in the neck.
2006-09-11 19:10:44 · answer #1 · answered by madamesophia1969 5 · 0⤊ 0⤋
It depends on a lot of things and is pretty much up to the judge and atty. Gen.
They will usually consider things like what was the original charge that resulted in probation and what the violation was along with their belief of weather or not he will show up. It is normal to issue a summons for trial. I am assuming he was at one point arrested and charged and posted some kind of bond. Whatever he posted for bond would most likely be used to insure he shows up for the trial.
It sounds to me from what you are describing he had adujacation withheld and never went to trial. If he did in fact go to trial, was found guilty and sentenced to probation there can not be a new trial for the original charge. The trial would be a hearing on the probation violation and the judge can sentence him to anything he wants for the violation.
Added since you added additional information:
It could still go eather way. Once the Atty Gen files the charges and the judge approves them the judge has the descretion to issue a summons or an arrest warrant.
2006-09-12 00:30:21 · answer #2 · answered by reallyconfuzzled1 3 · 0⤊ 1⤋
A summons to appear is a chance for the person to turn themselves in, often in response to a bench warrant, without having send police out with an arrest warrant. The summons is more efficient.
As far as contempt of court, that would be a separate petition filed with the court, which the judge would then resolve either at the probation hearing, or separately depending.
2006-09-12 00:10:59 · answer #3 · answered by coragryph 7 · 0⤊ 1⤋
a summons is not a warrant. If he does not honor the summons and show up, then the judge will issue a bench warrant for his arrest. In order for probation to be officially revoked, a trial is called. If he is found guilty of violating the terms of his parole (a crime of its own) he will most likely be punished in accordance with the original crime(s) he was found guilty of.
2006-09-12 00:00:54 · answer #4 · answered by Sordenhiemer 7 · 1⤊ 0⤋
it really depends what charge he was areested for and the state he lives in.he broke his prob so he should have been arrested.however if he was supposed to have been in court then an arrest warrant for contempt of the court. seems like the system is screwed up but you have to play the game like so many have had too.best of luck and get a good lawyer.
2006-09-12 00:00:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
It is typical to issue a summons, depending on the type of crime and on the type of probation violation.
Less serious crimes do not necessarily lead to arrest.
2006-09-12 00:14:03 · answer #6 · answered by Peter 3 · 0⤊ 1⤋
I'd answer if you had something intelligent to ask instead of this jumble of speculation you have rambled on about. No one here knows anything about this. If you really have any business knowing, go ask the judge, or the attorney.
2006-09-11 23:58:43 · answer #7 · answered by oklatom 7 · 0⤊ 1⤋
To an outsider your question is confusing. You may want to re read and clarify
2006-09-11 23:56:42 · answer #8 · answered by ? 6 · 0⤊ 1⤋