Criminal Law Questions? Ask a Criminal Lawyer.
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.
I'm confused. Does she have new criminal charges or just the violation of probation warrant?
She Has A new criminal charge ,the allegation was made june9,2008.
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.
I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).