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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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what to do about court date...son in county

Resolved Question:

Last July my son was convicted of felony theft of a vehicle and given 2 years probation.On Jan 9th 2008 he was arrested and charged with battery, criminal trespass to a vehicle and theft under $300 and was released on $100 bond.
On Jan18th he was stopped with a friedn, they were charged with open alcohol in a vehicle, when theyr an my sons name a warrant showed up for violation of probation, he was taken to county on 1/22 he went before the judge who continued the case until 2/22 no bond. He is now sitting in county.
On 2/14 he is supposed to appear in court for the battery etc charge but since he is in county he won''t be there. omeone told him that I should go and tell them he''s locked up (not sure i''d do this) is this true?? also, what is likely to happen on the 2/22 probation violation....will they now sentence him because he violated probation? This is his first violation
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michelle replied 8 years ago.

Dear Customer

You can go to court and explain that he is being detained somewhere else - but either way they will issue a "detainer warrant" for him - this means that when he is adjudicated he will not be released with or without additional time because that detainer will kick in and they will advise the court that he is now ready for a trial on the other offense and they will transport him so he can appear - that detainer will be a "no bond" also.

So, more than likely here is what will happen -

He will have violation of probation hearing - he will get the time that was suspended when he got the probation

When he has done that time - the detainer will kick in and he will go to that charge on the battery

If he gets an attorney - public defender - they might be able to get him to court on the battery before he finishes the sentence on the violation of probation and possibly any sentence he would get for the battery could run concurrent - at the same time - as opposed to consecutive - meaning one after the other.

If he has not already done so, he should apply for the services of the public defender to assist with this.

Best to you and your son

 

Customer: replied 8 years ago.
Reply to Michelle's Post: so are you saying that the same thing will happen whether or not I go to court? And isit possible that the judge will reinstate his probation to start again (someone told him this)
Expert:  Michelle replied 8 years ago.

Dear Customer

Yes, that is what I am saying because he has a new charge pending. It is always hard to predict what a judge will do - and yes, the probation can be reinstated - but in my experience unlikely. However, possible. It will depend on the charge for which he got the probation, the new charge, if there is a new sentence, what he was doing on probation - was he following rules (got a new charge) was he working or in school, did he report to his agent as directed, etc. There are many factors that will be taken into consideration - and while anything is possible the likelihood his probation will be terminated and suspended sentence imposed.

Best to you in this matter,

 

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