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Hello I am sorry to hear about your situation
A probation violation hearing is conducted much like any other hearing except that it is much less formal
Generally you can ask that the judge revoke probation and reinstate it. Essentially, they find you in violation, since you committed a new crime, but just reinstate probation on the same terms. It is generally granted in this manner. However, i am not sure what your wife was picked up on for the new charge but if it was a second violation or a very serious charge they might revoke probation entirely and place her in jail
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Thank you. You say if it was a very serious charge etc. etc.. That all sounds very subjective. Are there no standards at all other than the courts view of the charge? We all know that one judge says A and then another judge comes and says, no not A, but B. Then a third judge comes and says, no not A or B, rather the correct interpretation of the law here is C.
By the way, my wife pleaded guilty to one count of contempt DP. Now if the court can simply "place her in jail". And then what? For what period of time can they "place her in jail". It sounds like alleged probation violations are based on the flimsiest possible standards, nothing but the viewpoint of one judge rather than any sort of day in court in a trial.
When I say a very serious charge I mean a felony, a dangerous felony, a drug felony, those types of charges. If she picked up a misdemeanor case or a traffic ticket then those are not usually as serious. Generally there are no set standards, the judge can use their discretion to make determinations about what will be in the best interest of the individual. Probation violations unfortunately are a less flimsy standard. She should be given a court date within a few days
Ms. Bradford said, "since she committed a new crime." It was the 8/1/12 post at 7:30 p.m. These are alleged crimes, to repeat alleged crimes. The entire point is that nothing wrong was done. If the court can simply "place you in jail" without a trial then that is Draconian and completely without any pretense of due process. Thus the terms alleged is of central concern here.
In addition, it is the flimsy standards that are not good. Probation violations are a less flimsy standard. That would be good. But I don't think that is what you meant to say. Essentially, you are saying that anything goes and law enforcement can charge someone with something and that is it. Off you go to jail and you don't get a trial either. You are simply carted off to jail with nothing to say about it. Well then why did someone else tell me that the charge must be proven?
I see that you have rated my answer with a negative response. Please note that simply because you did not agree with the answer does not mean that it is wrong. I am sorry that you do not understand that when someone is CHARGED with a crime there will ultimately be a probation violation. If they haven't been found convicted then they should be in a probation violation hearing. My guess is the way you are referring this process to me is not correct I will opt out best of luck
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