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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25942
Experience:  10+ years defending Misdemeanor and Felony cases.
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If your already on probation for a domestic violence and criminal

Customer Question

If your already on probation for a domestic violence and criminal trespassing charge but you picked up the same charge with another person and your in jail now waiting to appear before the it possible that you can serve jail time if the victim never pressed charges nor picked up the police report????
Submitted: 3 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. What happened when the police were called? Was he taken to jail or issued any type of citation? Do you know for sure if the arrest was based upon this incident or did it have something to do with the fact that he was on probation at the time ?
Customer: replied 3 years ago.

When the police was called they came and wrote and I wrote a statement but I also told them I did not want to press he was not taking to I stated he was arrested yesterday bc they took a warrant out for his arrest but we did not know he had a warrant bc he was reporting to his probation officer and going to class like he pose to have been for his previous incident.

Expert:  CrimDefense replied 3 years ago.
Thank you for the additional information. It does seem odd that he would be arrested almost two months after the incident. This is especially true if nothing happened at the time when the police were called and just left the scene. It is always important to remember that you are the victim here and the crime itself is against the State of Georgia. As such, even if you did not want him arrested or charged, the final decision is up to the prosecutor. In addition, there could be a basis to issue a warrant and arrest him for violating his probation but since he was never charged, it would be hard to say how probation found out or if that is even an issue. Notwithstanding, the ability to the State to proceed depends entirely on your cooperation. If you fail to cooperate or appear at trial, they will not be able to proceed, since they do not have a victim to testify against him. If he has been arrested, a bond should be set on him unless there is a no bond hold as a result of him being on probation and a possible violation. You need to see exactly what he is being charged with, if it stems from the previous incident you mentioned and if he probation has been violated. This is going to explain a lot and if he can and will be held.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 3 years ago.

They are holding him with no bond because of violation of probation because he was already on probation for similar charges....when I go to court and tell them I didn't want to press charges and things in that nature will they let him go or make him serve time

Expert:  CrimDefense replied 3 years ago.
I do not think they will let him go then and there, although you can advise the court of your position on this. However, if he is being held on the VOP and you are not going to cooperate with the State in proving the violation, then he should request a hearing on it ASAP, so it can be released, assuming the State can not prove the violation that day.
Customer: replied 3 years ago.

What do you mean if I am not going to cooperate with the state. And requesting an earlier hearing then next friday will do what???

Expert:  CrimDefense replied 3 years ago.
As I mentioned above, the State is going to have to rely on you, as the victim, to testify against your boyfriend. If you do not, then they will not be able to proceed since they have no other evidence to prove what happened. As such, if you do not cooperate, then they would have to drop the case, since they can not proceed in good faith. If the next hearing is not until Friday, there is little he can do to move it up, unless the Judge has room on the docket. Even then, if it is just a calendar call or status hearing a not a final VOP hearing, another date would have to be set if they will not just drop the case.
Customer: replied 3 years ago.

So when I go to court and I don't testify against they have to drop the charges being that I never wanted to press charges to begin with???

Expert:  CrimDefense replied 3 years ago.
If you are served with a subpoena, you are expected to appear and testify. You can not appear and then refuse to testify or else the Judge will hold you in contempt of court. If this is just a regular hearing which you are going to appear for, in hopes that they drop the charge upon your request, then there will not be an issue. However, if you are appearing as a result of a court order, you need to decide if you want to show up or not.
Customer: replied 3 years ago.

I'm going to court but when I tell the judge what happened and that I don't want him being sentenced to jail...will they release him on that day after we are done with court

Expert:  CrimDefense replied 3 years ago.
If there is no evidence to hold him or reason to proceed, then the case should be dismissed/dropped, assuming that is the purpose of the hearing and why you are going that day. He would be released in a few hours after that, once he is processed through the jail.
Expert:  CrimDefense replied 3 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 3 years ago.

Some of the things that was wrote on the report didn't happen...I was mad and exaggerated somethings at the time because I never wanted to press charges. ....when I tell the judge that will that cause me to get in trouble? ??

Customer: replied 3 years ago.
Relist: Other.
I need an answer as soon as possible
Expert:  CrimDefense replied 3 years ago.
Jessica, thank you for the additional information. The filing of a false police report is a criminal offense. There is certainly a difference between the police writing it wrong and you clarifying it under oath and explaining the situation and then a situation where you admit to exaggerating what happened. In either case, it could result in the charges being dismissed, since the report and facts which lead to the charge, were not accurate. As far as getting it trouble, that would be at the discretion of the prosecutor, once this is revealed.

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