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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question, my husband had a probation in 2014 with

Customer Question

Hello, I have a question, my husband had a probation in 2014 for fraud with credit cards this probation was for 18 months but before this terms ended my husband was arrested for the same charges, but when he went to the court he doesn't have any charges yet, the probation expired, and he keeps in jail, my question is if nobody presents charges against him, he could go out to the prison with a bond?
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 8 months ago.

Hello. I will help you with your questions. I have been an attorney for 26 years. Are you saying that your husband is in jail and is not charged with a crime?

Customer: replied 8 months ago.
Actually he Is no Guilty yet.
Expert:  Colleen Grady replied 8 months ago.

Is he charged with a crime? If so, what is the crime? When was he arrested?

Customer: replied 8 months ago.
His name is***** has 3 charges actually
He was arrested December 7,2015
Expert:  Colleen Grady replied 8 months ago.

I found some information for you. He is being held for an out of county warrant. He cannot be released. There is no bail. Please see what I found below:

In Custody Inmate Information

Personal Information

Name: OCHOA, ELI A

Sex: MRace: WEye: BROWeight: 320 Lbs

DOB: 10/03/1974Hair: BLKHeight: 6' 0"

Click to EnlargeClick to Enlarge

Booking Information

Jail Number: 150158759IDS: 3030058Loc: MWDC

Date Booked: 12/08/2015Time Booked: 05:13

Case(s) Information

Case Number: F15025044 Bond: $ 17500**

Comment Case: CT1-2 2500 EACH CT3 7500 CT4 5000 W/NEBBIA

Charge: UNLAWFUL POSSESS OF A STOLEN CREDIT OR DEBIT CARD 2 CNTS

Charge: IDENT INFO/FRAUDULENT USE/5K>/10><20 INDIVIDUALS

Charge: FINANCIAL INSTITUTION/SCHEME TO DEFRAUD

Warrant Case: FW15I02640Desc: OUT-OF-COUNTY WARRANTBond: N/A **

Warrant Case: TO BE SETDesc: HOLD FOR OTHER AGENCYBond: TO BE SET*

Expert:  Colleen Grady replied 8 months ago.

The reason why he is still in jail is because another police agency is going to pick him up.

Expert:  Colleen Grady replied 8 months ago.

Does your husband have a lawyer?

Customer: replied 8 months ago.
but it is complicated to speak with him and his staff.. That's why I'm looking for extra help.
Expert:  Colleen Grady replied 8 months ago.

The Financial Institution/Scheme to Defraud is a felony of the third degree and has a penalty of a term of imprisonment not exceeding 5 years.

Customer: replied 8 months ago.
But what about the question what I did...
If he didnt any charges when the probation expired this agency could free this hold?
Expert:  Colleen Grady replied 8 months ago.

He has current charges. Bail is set at $17,500.

He also has a warrant hold for other charges. Is he on probation for the other charges? Are you saying his probation expired for the warrant charges?

Customer: replied 8 months ago.
His probation Is for the same charges and his probation ended in December 29 and he was arrested in december 7th, when he went to first trial anybody put charges against to him that"s why I want to know if is posiible that this hold for this will be finished or avoid.
Expert:  Colleen Grady replied 8 months ago.

He has new charges. It does not matter if his probation ended. He was arrested for new crimes.