My nephew is in jail for violation of probation.Will they let him out to appear in another court?

Question

My nephew is in jail for 59 days for vop. no bail.... He has a court date in 10days at a different court and county (reason for his vop) for grand theft. Will he be able to appear ? Will they let him out to go to the other court? If not won't there be a warrant for his arrest for failing to appear? Will the bond set that was paid for the grand theft arrest be forfeited? any answers will help.

Answer 1

Yes, they will either transport him to the hearing, or they will reschedule the hearing. It would be a GREAT idea for you to send a letter to the court notifying them of his imprisonment. This helps in case it is not properly communicated. You should also make your son's probation officer aware of his situation, as well as the prison warden.

Answer 2

They will generally not let him out to appear in the other court. You, or whoever is acting on his behalf, should contact the other court at once, and let them know he's unable to attend because he's in custody. The other county may send someone to transport him to court. However, the usual procedure would be to issue a detainer so that when his time is finished, he'll be turned over to them. Make sure the court understands he's in jail and unable to attend, otherwise, they'll issue a failure to appear, and may forfeit the bond. Get the name of the person you speak with, and follow up with a letter. Don't trust a phone call. If it's possible, have someone in court that day to tell the judge in person. With an FTA on his record, that will pretty much sink any chance to be released without bond should he be arrested again in the future.

This is assuming he does not have a lawyer in the other charge. if so, make sure the lawyer knows the situation, and the lawyer will handle it.