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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
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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