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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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My daughter is on felony probation and on june 9, a complaint

Customer Question

My daughter is on felony probation and on june 9, a complaint was made and they got a warrant for forgery by passing and was arrested when she went in to report to probation the prosecutor still does not have the report and she has no idea what this could be ,how long does she have to wait it seems like 4months the prosecutor should have it.She is in college and is missing her classes and they can't even tell her what this is?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JD replied 5 years ago.
So she was arrested by warrant... but the prosecutor has not received the investigation report? Does she have an attorney? Has a probation violation warrant been filed? Is she out on bail or incarcerated? Why was she on probation?
Customer: replied 5 years ago.

I have hired an attorney but I'am starting to second guess my descion,She is currently being held for the motion to revoke, and yes she is incarcerated now. And the reason for being on probation is for forgery she was on drugs and also was sent to safe-p wich was the best thing that could have ever happend because she has turned her life around.

Expert:  JD replied 5 years ago.

I'm confused. Does she have new criminal charges or just the violation of probation warrant?

Customer: replied 5 years ago.

She Has A new criminal charge ,the allegation was made june9,2008.

Expert:  JD replied 5 years ago.

You daughter has charges pending as well as a probation violation warrant that is, at least in part, based upon the new charges. Her attorney has apparently made statements about getting her a bond but has not been able to get that accomplished, and you wonder how long this will go on before some resolution is reached.

 

I can tell you that cases can take several months to years to come to a resolution. One way to speed things along is to file a demand for speedy trial. Speedy trial is a term that is commonly misunderstood in the american justice system and simply provides that a defendant shall be tried within a reasonable time period on any criminal charges without unnecessary or unreasonable delay. The key here is reasonable.

 

I assume her attorney has told you that she could face serving her entire probated sentence in addition to any new sentence she receives on the new charges. It is common for defendants and their attorneys in this position to allow the accused to build up some jail time and attempt to resolve the matter with a time served proposition. Obviously I cannot comment on her lawyer's strategy since I haven't spoken to them, but I would make every effort to discuss the matter with them before jumping to conclusions.

 

If her attorney is not familiar with the nature of the charges then he/she may file for discovery (information from the prosecutor's file) and/or a bill of particulars (a more thorough description of the charged crime and the surrounding circumstances). I doubt that arguing over bail at this point would be very productive since she has new charges for forgery when she was on probation for forgery. You need to focus harder on the long-term picture. What will her overall sentence be an how can you best minimize it? What continuing treatment programs will she participate in after her release? (These crime are very typical for drug abusers)

 

In order to trigger the deadline for providing discovery, your attorney must first file a motion to receive it. Each local judge has his/her own rules about scheduling and discovery deadlines but your attorney should be able to access all the information available well in advance of the trial or probation violation hearing. If the information is not made available in a reasonable period of time, she can use that as a basis to set a low bail amount.

 

Feel free to reply if I can help with anything else.


Good luck.

 

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