Probation violation/ due to new charges

Question

Boyfriend is on probation, got stopped by gsp, due to a party the night before there was four nickel bags of weed in the car. He was arrested and taken to jail in the county that stopped him, his probation is less than a year from being up, and he was transferred back to the county of his probation, where he has been held ever since. Question, how long do they have to have him see a judge? He has not seen a judge of any kind. He has been locked up since July 4. What is going on, and what to expect. Please keep your smart answers to a minimum, not everyone that in in jail is quilty of all they pin on them. So relax. I need to knwo the rules and regualtions here for him seeing a judge? How long can they let him sit there?

Answer 1

He violated probation, which is a substitute for being in jail, as far as the courts are concerned.  Not putting into consideration the new charges that he will be facing, he can technically be held in jail for the remainder of his probation time.  Sucks, but that's how the law works...they technically don't have to let him see a judge at all during that time.  His probation officer will make the recommendation as to whether or not he will be let out of jail, or serve probation in jail, not a judge.  If he has not been charged with a new crime, they don't have to let him see a judge for it.  He needs a lawyer honey...

Answer 2

When your locked up behind a probation violation they can hold you til trial and that could be 2 to 3 months sometimes more.

Answer 3

well, I am from Florida and currently on probation...when you receive a violation here, they have 21 business days (monday - friday) to set you a court date...not including any holidays either....once you have your first court date...they have 90 days to come up with a decision...

Now if your boyfriend decides to plead guilty then its at the judges discretion as to whatever punishment is imposed. But if he pleads NOT GUILTY than it can be a longer process, such as back and forth to court and a trial hearing. That's the inconvenience of being on probation the judge basically asks your plea and then he decides...Now if this is his first violation then they may just reinstate him...It actually depends on each individual case, because I have seen situations where a prisoner comes home on parole (probation) and gets into trouble and go right back to court and the probation is terminated...So, I would actually suggest that you contact a lawyer (a few) that well known in your area and go in for a free consultation, or you can even call in and find out over the phone. Because the lawyer can have an incite on what your boyfriend is willing to accept if he plead guilty to the violation...hope this info helps

Answer 4

If he had never been in trouble the police can only hold him for a certain amount of time unless the file a charge. But......

Probation means that the courts give a sentence but suspends it predicated on good behavior. At that point the original things that were suspended go into effect and a probation violation charge may be added. So they may keep him on the first part even though he has not been convicted of the new charges.

They said "don't mess up and you are fine". But if you do mess up it is a done deal as this was all covered before in front of a judge. No need to review the judges prior decision or have him go up in front of another at this time as this was all made clear. So they keep him forever.

New charges? He was booked and charged. No need for a judge until he goes to court. So he had four bags? Regardless of what happened it looks like distribution to the law. All it takes is that a driver has access to dugs within the vehicle.

We all love who we love.... I understand that. But at this point there is nothing you can do since he violated parole. The point of parole is to not violate nor associate with those who might. It is a get out of jail free card so to speak. He chose this for himself and chose to muck up his relationship with you.

Answer 5

Step one, would be to have a public appointed attorney for you friend.  The lawyer would have a hearing set on the issues presented by the new offense. It sounds like he is being held on a revocation order on the first offense.  I would seem prudent to contact the lawyer who has represented him during the first offense to file a motion for a revocation hearing.   Each state has its own criminal procedure statutes.  Contact the "first offense" lawyer.  

Answer 6

he should be banged straight up i hate the police but your bf is a fool and shouldnt be on the street

Answer 7

when my husband got arrested for violating his probation (alcohol) he went straight to jail and never saw a judge. ht is finishing the sentence he was on probation for. that is probably the case with your boyfriend. call the county sheriff and ask them if they have a website for who's in jail, if they do you can check on any court dates or release date.

Answer 8

The arrestee will attend the next available advisory hearing. Monday – Friday hearings are at 1:00 pm and on weekends / holidays hearings are 8:30 am. The times can change at the discretion of the assigned judge conducting the hearing. If arrested after 7:00 am Monday – Friday they will attend the next day’s hearing. If arrested after 5:00 am weekends or holidays, they will attend the next day’s hearing.depending on the state it could be as long as 3 months..

What to know if a friend or family member is arrested

http://pascosheriff.com/websmart/Pasco/s...