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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24990
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I need to know how can my bf get his 5yrs probation hold

Customer Question

I need to know how can my bf get his 5yrs probation hold lifted in Lafayette, La
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Louisiana and he's incarcerated right now
JA: Have you talked to a lawyer yet?
Customer: No I haven't talked to a lawyer yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 4 months ago.

But first. . .

why does he have a hold? What was the nature of his violation? Does he have a new arrest? If so, for what?

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you still need help. If so, please reply here on this question thread.

Customer: replied 4 months ago.
He was arrested on drug charges but the charges for that were recently dropped. It's going on 5mnths now he's been in jail. He's been trying to enter different programs like the rehab program that he's trying to enter now but he has these holds that are preventing him from doing anything. He has a hold for 5yrs probation n a hold for St Martin Parish for a traffic ticket. He's gonna have to go do ten days in the St Martin Parish jail when they're finished with him here in Lafayette. What steps would he have to take in order to get that hold for the 5yrs probation lifted so he can be transferred to the other jail to take care of the other hold?
Expert:  Zoey_ JD replied 4 months ago.

Are you saying that when he was arrested on the drug case probation dropped the hold, but the hold is still in effect even though the case was dismissed?

He's entitled to a hearing on the violation. And he needs to be represented by counsel on that hearing. If he's been in for 5 months and has not yet had his hearing a lawyer can file a writ of habeas corpus to get him back before the judge and have them produce good cause why they are still holding him without due process and if they can't to lift the hold.

Customer: replied 4 months ago.
Whenever he was arrested on the drug case whatever they charged him with at that time got dismissed. He already had the hold for the 5yrs probation and for St Martin Parish
Expert:  Zoey_ JD replied 4 months ago.

He had the hold before he was arrested for the drugs? How did he violate his probation and has he seen a judge or had his hearing on the violation?

If he's already had his probation revoked and has been resentenced, he cannot get the hold lifted. He just has to do his time. But if he hasn't had his hearing, then he needs to have a lawyer to get that expedited or to bring the writ as I indicated before.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.