When you are on probation should you not have the right of trial or hearing before being found guilty of an additional offense that you are accused of by the probation court judge? Then having to sit in jail waiting for your actual hearing for the new offense?
i know of someone who was on probation - non violent offense - going to classes, passed all UA's and doing all above and beyond what was required - on his way home from his brothers an "officer" followed him and his fancy little Harley truck for approx 3/4 of a mile - dash cam on - no irratic/unlawful driving - pulled him over and started looking for drugs - found none - said - I think I smell alchohol -I watched the dash cam - passed all the street tests - but arrested for suspicion of dwi - probable cause for pulling him over? Going 50 in a 45 mph zone after following him and acknowledging no irratic driving. Motion to revoke issued - Probation judge sent him away two months before hearing for new "offense'. Why?
2007-10-23 15:23:55 · 7 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Probation is just that.
Listen closely: YOU HAVE NO RIGHTS.
Yes, if the cops just want to screw with you, they can.
2007-10-23 15:30:11 · answer #1 · answered by Anonymous · 6⤊ 1⤋
Did you even go to the probation hearing? I guess not, because if you did you would have heard the judge explain exactly why your buddy is back in county. Different places call it different things, basically a "summing up" of the case, and why the judge ruled as he did...I'm surprised that you're able to describe the dashcam recording in dertail, but somehow didn't get a transcript of the hearing.
Anyway, probation is a privilege for criminals, not a right.
The cop had probable cause to pull over your friend, (50 in 45 a mph) and appears to have had PC for the arrest of dwi. You conveniently leave out your friend's BAC level, lets guess over 0.10....
In some areas a speeding ticket is enough to have your probation violated. The judge has the right to revoke probation if your friend violates any condition of that probation. Things like associating with various people, associating at various locations, use of drugs or alcohol, any criminal violations, any non-criminal violation (speeding etc), violation of curfews etc.
2007-10-23 15:44:29 · answer #2 · answered by lpdhcdh 6 · 4⤊ 1⤋
violation of probation.
you will obey all laws and have no infractions with the law while on probation.
or probation may be revoked and original sentence imposed.
so no the court can hold you for fear you might run w/o bail till a hearing can be held on the matter.
your friend better hire an attorney to find out why he was stopped and arrested for real?
usually this is not done as you have described?
something is missing?
either he failed to show up or someone was looking for him?
2007-10-23 17:41:41 · answer #3 · answered by ahsoasho2u2 7 · 1⤊ 1⤋
What's your point? A judge doesn't "accuse" people of doing things.
Sounds likely probable cause exists for the stop, as far as the arrest you are not listing why the officer arrested him. You are understandably biased, but read the officers arrest report, it will state why your friend was arrested for DUI.
I have an idea why he was, it is basically the reason you did not list as a reason he shouldn't of been arrested for. Anyway your friend knows, I'm sure he was told why he was arrested, ask him.
If he is on probation for DUI he certainly knows better!!!!
2007-10-23 15:32:08 · answer #4 · answered by Anonymous · 4⤊ 1⤋
well i have never ever seen a krispy kreme in my life if it is an American shop then it would explain why i have not heard of it because i live in the uk and why does all police have to eat donuts and cakes thats very stereotypical i bet half of them do not its just portrayed by the media that if you are a cop you have to eat cakes and donuts -jake
2016-05-25 08:12:11 · answer #5 · answered by ? 3 · 0⤊ 0⤋
Presumed innocent until proved guilty is the law of the land. But that doesn't mean we have to be stupid about it.
There are two kinds of people - those who respect the law, and those who don't. If you are one of those who don't, then don't expect the law to give you the benefit of the doubt.
2007-10-23 15:49:08 · answer #6 · answered by wuxxler 5 · 1⤊ 1⤋
Usually judges believe officers. It is a shame because there is so much corruption in the police department. It should be an investigation I agree with you !!!!!
2007-10-23 15:34:20 · answer #7 · answered by Richard 3 · 1⤊ 4⤋