He has to stay in jail till his court date, 36 days away. Will he get out then? He thought his probation was over once his fines were paid, which we paid in full 6 months ago (about $1200). But that only made him eligible to be released from probation early. His P.O. never filled out the paperwork to request to be taken off probation from the judge. He never heard anything back from his P.O. regarding whether he still needed to report, so he thought everything was taken care of, and hasn't reported for 6 months. Now they violated him and arrested him with no bond. What are the chances of him getting out of jail at his court date? and just having to finish out his probation since it was just a misunderstanding. I know someone else who was violated for failure to report and they got out at their court date (Their original charge was statutory rape, not sure if misdeamenor or felony though) My husbands original charge-unauthorized use of vehicle 4 wrecking ex's car. Any thoughts?
2007-07-15 11:26:42 · 13 answers · asked by latwin2005 1 in Politics & Government ➔ Law Enforcement & Police
on probation violation its always no bail when he goes to court they will tell him if he will be reinstated or has to flatten the sentence but most likely they will reinstate him
2007-07-15 12:43:23 · answer #1 · answered by cashville_con 3 · 0⤊ 0⤋
No Bond, means un-fortunately he is not getting out. Any one on probation's knows the rules. A person on Probation, needs to continually check in with the Officer. It is his/her duty to call the PO, if they can't be to meet with them. So in other words ignorance is no excuse. It is your husbands responsibility to continually contact and meet with the PO. When your husband was sentenced from the felony, the Judge will go back to that and sentence him to the first sentencing. Your husband will serve the remainder of his time in the State and County to which the felony occurred. You can hire a Lawyer, but not much can be done being there was a violation of Probation. Too bad !!
2007-07-15 23:10:36 · answer #2 · answered by Norskeyenta 6 · 0⤊ 0⤋
Your husband will stay in jail until his court date. Once he has his hearing, it will be up to the judge as to whether or not your husband will be released. It does seem like there are some extenuating circumstances that might work in your husband's favor. It's well known that parole officers are notoriously overworked and it's possible that your husband's case just got lost in the shuffle (it's been known to happen). However, since this was a felony offense, it's entirely possible that your husband will be sentenced to jail or further probation. I really can't tell you what's going to happen. Unfortunately, you will just have to wait and see. Does your husband have an attorney? If not, apply to the court for an appointed attorney. Good luck.
EMT
2007-07-15 19:32:58 · answer #3 · answered by emt_me911 7 · 0⤊ 1⤋
OK, so as I read your question, you want to know how to bond him out with no bond. Hire a lawyer. (Court appointed lawyers are worth every cent that you pay for them.) Ask the lawyer to set a Bond Hearing. Through a Bond Hearing, the judge can review the charges and can legally change the bound amount needed. The courts recognize that paperwork mistakes happen. They may release him on a Personal Recognizance if you are lucky.
2007-07-15 20:20:02 · answer #4 · answered by rec4lms 6 · 0⤊ 0⤋
EVERYONE receiving probation is given a predefined amount of time for the probation. Unless you are told by the COURT that your have been released from probation early, you are on probation for the FULL term. Release after the hearing is up to the judge and any GUESS given here is just that, a guess. Personally, it think your husband is guilty off stupidity. But, stupidity is not a crime.
2007-07-15 19:56:33 · answer #5 · answered by STEVEN F 7 · 1⤊ 0⤋
The last time he saw his PO he was given another date to report. If he didn't report, he is in violation. If he is in jail without bond, then a judge found probable cause that he violated his probation.
If he has not seen a judge, then find a lawyer ASAP.
2007-07-15 18:55:08 · answer #6 · answered by huduuluv 5 · 2⤊ 0⤋
Many people struggle with the system under a false assumption.
The assumption being that the people in it are interested in justice and in doing the right thing - but that is not so.
If you were screwed, that is far more common than you think, as so many innocent persons are in the same boat.
They use the technicalities of the system to get whom they want and to aquit whom they want - all justice and just law are now destroyed - not all people in the system are evil and have the intention of doing this, but those in high positions have rigged the system as a trap for those whom they want to trap - not hearing back from the P.O. was simply a deception to make you think that everything was OK when it wasn't - in any responsible and just system a warning would have been given that something had to be attended to.
What precisely got Conrad Black is that he assumed that the system still worked under right principles of law and justice (which it actually did not too many years ago), but it was merely a set-up for him - do you think that all his critics, prosecuters, and persecuters don't live lavish life-styles and rip people off when it suits them? - he was only pegged because he was a powerful critic of a corrupt media, whose only modus operandi is lying for a given effect upon society - very little printed there now is actually the truth, but is one whopper after another that they get away with because our society has been so conditioned, desensitized, and programmed by such propaganda.
We have to fight this on the premise that it is a war of ideas, and that ideas are merely coinage for their schemes, and they are in no way interesting in what is true or just.
So many innocent people are now destroyed, as the wicked live in all opulence and esteem from their peers.
.
2007-07-15 18:48:20 · answer #7 · answered by canx_mp058 4 · 0⤊ 4⤋
No bond means he will stay in jail until the hearing.
Since there are some extenuating circumstances at work, he may be released after that. If not he will go to jail and serve out the rest of his sentence.
2007-07-15 18:31:04 · answer #8 · answered by Anonymous · 3⤊ 1⤋
When you go to prison for a felony,say you get sentenced to three years,In Ca, you'll get good time credits.If you program, and don't get into trouble,while your Incarcerated,you'll get out in one and a half years and placed on parole.Usually,If you give your Parole officer 13months clean,hell release you from parole.Your a free man again.However,If you break the law in any way,he can violate you and put you in prison again.(Hes your official babysitter)Your problem is your husband (thought)instead of calling and asking his parole officer if he was off parole.If he was required to test,etc.As for his chances of getting out on his court date,If what you say is true,and hes not given his PO any dirty tests,committed any new crimes,etc. and his PO likes him,hell get out on the court date (probably).If you really want to know,do what your husband should of done.Call his Parole officer and ASK him.Its all up too him.Good luck!
2007-07-15 19:37:45 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Don't know enough about the circumstances to address. But it sounds like a rather violent crime, and the standard truism is that "ignorance of the law is no excuse". Prepare to help him insure he understands the rules next time.
2007-07-15 18:57:56 · answer #10 · answered by marconprograms 5 · 0⤊ 0⤋