Criminal Law Questions? Ask a Criminal Lawyer.
Good morning Alice, I'm Doug, and I'm very sorry to hear of your boyfriend's situation. My goal is to provide you with excellent service today. The fact that the arrest is a different county, or even a different state, has no bearing on that fact that he has a serious prior conviction record for drug offenses. I would not be at all surprised if he did not have his bail increased at the arraignment once the prosecutor locates the prior conviction. As he is no longer on probation, he cannot be violated back to prison. However, it is possible that if his bail is set too high, and he can't afford to pay it, that he will have to await his trial in jail. Chances are very good that if he is convicted, that he will be going back to prison. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. You may reply back to me using the Reply to Expert link if you have additional questions. Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation. Thank you, Doug
Good afternoon Alice, I'm just a bit disheartened that you would claim my service as being poor, when if you need a clarification, all you needed to do was ask. If you are suggesting that my answer was inaccurate because in one paragraph I said he could not be "violated back to prison" and in another paragraph I suggested that if convicted he would likely go back to prison---then with all respect intended, you are mistaken. The answer was not inaccurate. To be "violated back" to prison occurs when one "violates" their probation or parole. As you suggested that he was no longer on parole---but you asked whether he could be sent back to prison from his arraignment. No one goes to prison directly from arraignment unless they are sent by a probation department/parole for a violation. I wanted to make sure that you knew that was not possible. However, when it comes to being convicted of multiple felony crimes again on drug charges---I'm not sure where you are getting the idea that only violent offenders can go to prison, but I assure you that is not the law. If your boyfriend is convicted once again of felony drug charges, there is a good chance that he will be sent to prison. Doug
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