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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24017
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son is on probation in Clark County Nevada. I was convicted

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My son is on probation in Clark County Nevada. I was convicted on Attempt Burglary and had entered a Alford Plea. He has now been on probation for 1 year and every contact with his Probation Officer has tested clean in every way. 3 months ago he was stopped by the highway patrol close to his home and was field tested for driving impaired. He blew clean for alcohol and was given 3 field tests by 3 different officers and passed just fine. They still took him to the hospital to draw blood. That was January 9th 2011. He has not been charged yet but was suspected of DUI/drugs. His blood test has not come back yet and his court appearance has been postponed 3 times. He is now waiting for April 20, 2011 for yet another appearance. The judge has told him that it could take up to 6 months to get a blood test back. This is my sons first offense in his entire life. He is 43 years old. I want to know what it would take to for him to prove he was not under the influence and be able to get out of jail? His public defender just agrees to continue this until the blood test comes back. How can this be?
Hello,

This is a terrible story, but what's holding your son in would appear to be a hold placed on him by the department of probation. Probation does not require that he actually be charged with a new crime before he is violated. They can violate him on technical reasons if they choose.

If probation is awaiting the results to see if they should lodge a violation, it is possible that the judge might be willing to sent bail on that. But you will need his lawyer to get his case before the judge and make that argument to him. If the public defender is from a public defender organization (as opposed to a private lawyer tapped by the bar for some pro bono work, he will have a supervisor in his office who can handle your complaint and let you know what's going on. Call him and lodge a complaint with the lawyer's boss. Usually that can work wonders.

Good
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Hello,

This is a terrible story, but what's holding your son in would appear to be a hold placed on him by the department of probation. Probation does not require that he actually be charged with a new crime before he is violated. They can violate him on technical reasons if they choose.

If probation is awaiting the results to see if they should lodge a violation, it is possible that the judge might be willing to sent bail on that. But you will need his lawyer to get his case before the judge and make that argument to him. If the public defender is from a public defender organization (as opposed to a private lawyer tapped by the bar for some pro bono work, he will have a supervisor in his office who can handle your complaint and let you know what's going on. Call him and lodge a complaint with the lawyer's boss. Usually that can work wonders.

Good