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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23479
Experience:  9+ years defending Misdemeanor and Felony cases.
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How long does government have to hold person in jail awaiting

Resolved Question:

How long does government have to hold person in jail awaiting blood results for alcohol levels? Probation hearing.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

Was this person on probation and then violated? Did probation give them a breath test? If not, why would they first give a blood test if they thought the person was consuming alcohol and hold them without knowing the results?

Expert:  CrimDefense replied 5 years ago.
Please see info request above
Customer: replied 5 years ago.
On probation. Given breathalyzer three times did not fail. Officer was upset insisted in liquor smell. Took into custody for blood and probation revocation. Incarcerated now in excess ofXXXXXdelays and the latest will await blood results. If there statutory limit in hold time while pending blood work?
Expert:  CrimDefense replied 5 years ago.
If there was a violation of probation / revocation, the defendant could be held until it is resolved and should have hearing as soon as the Judge has room on the docket. In a situation like this where the breath test was negative, there could be an argument to made made to release the person until the results of the blood test are known. If the probation officer smelled alcohol on their breath but there was not any in their system, they should have not been violated and taken into custody at that time. A blood test would be reasonable if their was suspicion but until the results are known, the person technically has not violated. The defendants attorney could ask for a bond to be set and the person to be released until the results are known, since there has been no violation at this time.
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