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Zoey, JD
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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My brother was arrested 6 weeks ago in Lehigh County, PA for

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My brother was arrested 6 weeks ago in Lehigh County, PA for terrorist threats at his home where police alleged they overheard him making threats to girlfriend as they approached the home during an argument. There was no physical contact or injuries & no formal charge made by girlfriend. He is currently on 5 years probabtion for a conviction of Theft By Deception in NJ, 1st offense. He is being monitored by PA since he moved there prior to his conviction 2 yrs ago. He has successfully completed 2 yrs. of probation until now.

He made bail but is being detained by PA in a prison until his continuance because he is seen as a parole violator & is out-of-state. PA claims they are waiting for NJ to pick him up, but NJ doesn't plan to get involved as long as the current charge is pending. The 8/31 continuance was canceled because they failed 2 transport him 2 court.

He is the only living parent of his teen son who lives with him. Is there any way he can be released ROR until court?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey, JD replied 4 years ago.
Unfortunately, when someone violates the terms of his probation or parole by getting arrested on a new matter, the agency can lodge a hold, and you will not be able to post bail.

There should be a hearing date set for the VOP. As he has a lawyer, there is someone who could represent him at the hearing and/or negotiate with probation and see if there's anything that can be done. But unfortunately, probation has a great deal of discretion in such matters, and its decisions usually stand up.

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Customer: replied 4 years ago.

What does VOP mean? It is difficult to communicate with him because he is in protective custody (not for disciplinary reasons), at his request because he did not wish to be in general population as incarceration is new to him. Since he is in PRC, his priviledges are restricted re: phone calls and visits. He seems to not know his rights are who to ask while he's there.

 

The last letter I received, he had not yet submitted a request for a public defender. He asked us to do it, but I was informed by the PD office, he is the only one who can apply for a PD. Once PD representation is acquired, will the PD meet with him at the prison prior to court or by phone, or will they only be present in court?

Expert:  Zoey, JD replied 4 years ago.
Sorry for the delay. I had to walk my dogs and then ate my lunch.

VOP is standard shorthand for violation of probation.

Public defenders come in all kinds, just like lawyers in all other firms. Some are good, some are bad, and some are average. Most have very heavy case loads with every day crowded by scheduled court appearances, however, so most would probably prefer not to make a trip out to a prison just to have a conversation with one inmate. Going through the requisite clearance proceedings to get into a prison can be a time-consuming affair even for lawyers. If there's a proceeding held at the prison or if the case is on the brink of trial, that would be another story. But in general, you can expect a lawyer to contact an inmate primarily by phone or in the courthouse holding cells before or after their client's court appearances.

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Customer: replied 4 years ago.

Fran,

 

Thanks. This information is very helpful. I have one more question. The bail posted was 7%, a $700 bond on $10,000 bail. Since he was never released from custody, do I have a right to my bail $ being returned or revoked? And, if yes, do I pursue it through the county court or bail bonds?

 

I was told you don't get bail money returned if it was a bond, even if the individual is detained. Is this true?

Expert:  Zoey, JD replied 4 years ago.
You don't get the 7% back. That's the fee to the bondsman.

BUT if you surrender the bond at this time, you will lose your $700. If you don't, you will also lose your $700, but the difference is that if probation lifts its hold anywhere along the road (I don't know that it will, but it could, particularly if a lawyer were able to accomplish anything on that front, or if the new case turns out to be clearly a weak one for the state) then your brother would be automatically released without you having to take the time and trouble to post new bond and pay another 7%.

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Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15111
Experience: 18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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