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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23573
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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MY HUSBAND WAS SENTENCED TO 3 YEARS SUMMARY COART PROBATION.

Customer Question

MY HUSBAND WAS SENTENCED TO 3 YEARS SUMMARY COART PROBATION. NO LONGER ON ANY OTHER FORM OF ANYTHING BEEN OFF PAROLE FOR TWO YEARS NEVER HAD TO CHECK IN OR ANYTHING. TODAY WE WERE WOKE UP BY PROBATION CLAIMING THEY HAD A ACTIVE WARENT WHICH I KNOW IS BULL BECAUSE HIS BROTHER HAS BEEN INCARCERATED FOR WELL OVER A YEAR. WE TOLD THEM THEY COULD NOT COME IN OR SEARCH AND THEY DID ANYWAYS THEY HAVE TAKEN MY HUSBAND TO JAIL HOW DO I HELP HIM IT WAS ILLEGAL THEM EVEN COMING IN THE HOUSE
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.
Hello, Were they looking for your husband or his brother? If there was an active warrant against your husband, the police would not need your permission to enter and arrest him. However, if they did overstep their authority, your husband would be able to challenge that during the course of his case. Did he have a lawyer when he was sentenced to summary probation? If so, that's who you ought to notify, because he is the attorney of record on that case. If he didn't have a lawyer, you should get him one. If he was brought in on a probation warrant he will be shown the specifications that caused the warrant to issue and he would be afforded a hearing on the violation. If the warrant issued improperly, the lawyer may be able to quash that warrant. Alos, however, if the warrant was issued improperly, your husband may have a suit against the county
Customer: replied 7 months ago.
THEY WERE HERE FOR MY HUSBANDS BROTHER CLAIMING THWY HAD AN ACTIVE WARRENT BUT HE HAS BEEN IN PRISON FOR OVER A YEAR.
Customer: replied 7 months ago.
THEY HAD NO RIGHTS HERE THEY DIDNT EVEN KNOW WHO LIVED HERE MY FATHER IN LAW CONTACTED THEM OVER A YEAR AGO AND TOLD THEY HIS BROTHER NO LONGER LIVED HERE AND WAS NO LONGER ALLOWED HERE
Expert:  Zoey_ JD replied 7 months ago.
Thank you. I'm confused. I thought it was your husband who had the violation of probation. If that's not true, then for what reason did they arrest your husband?