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SmithEsq
SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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Probation violation questions. If one is charged with a violation

Customer Question

Probation violation questions. If one is charged with a violation of probation what is the procedure that follows that charge? I am aware that the State would have to prove the charge at trial. Is it similar to any other charge? The state in this charge put my wife in jail and set bail at $100,000. We bailed her out using a bail bond. We disagreed with the charge and we believe the amount of the bail was excessive. Nothing in the case has even approached such numbers or such punishments.

My wife had been sick on Sunday and had to be taken to the hospital. The probation office didn't consider this and put her in jail without regard for her health even though she has Mosaic Downs Syndrome and told them that she was on IV for 5 hourse Sunday.

Please inform.

Thank you.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AttyCBradford replied 4 years ago.

AttyCBradford :

Hello I am sorry to hear about your situation

AttyCBradford :

A probation violation hearing is conducted much like any other hearing except that it is much less formal

AttyCBradford :

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

AttyCBradford :

PLEASE NOTE: This is a PAID ANSWERING SERVICE. If I have answered all of your questions please press accept and rate my answer with a positive rating or I will not receive credit for my work. If you have additional questions please ask before leaving negative ratings Thank you

JACUSTOMER-h3i37zwq- :

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.

JACUSTOMER-h3i37zwq- :

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.

AttyCBradford :

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

AttyCBradford :

PLEASE NOTE: This is a PAID ANSWERING SERVICE. If I have answered all of your questions please press accept and rate my answer with a positive rating or I will not receive credit for my work. If you have additional questions please ask before leaving negative ratings Thank you

JACUSTOMER-h3i37zwq- :

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.

JACUSTOMER-h3i37zwq- :

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?

AttyCBradford :

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

Expert:  SmithEsq replied 4 years ago.
Hello, I'm a licensed attorney, willing to answer your question if you still need it. Do you?

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