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Good morning. So in addition to the new charge, there is a VOP to answer to?
Sorry. Violation of Probation. You shared that the probation officer was recommending electronic monitoring.
Thank you. If a defendant is not yet ready for trial or still working on a plea deal and needs more time to work the case, they can certainly ask the Judge for a continuance and for additional time, for the defense to be worked on. As long as good cause is shown, the Judge should grant it. Now, if the electronic monitoring is a condition to their release, instead of revoking the bond on the other charge, this is unlikely to be continued, since it has to do with their release and bond conditions and it not a sentence imposed, as part of a plea. Typically, if a defendant has a felony case that is open and picks up another case, their bond can be revoked and they can be held, so if the State is offering electronic monitoring, it is keeping them out of jail, so the Judge may not just allow this to be considered, without a legal basis to support it.
Thank you for the reply and I have shared my answer above.
Correct. However, there is a new charge, if I understand what you shared above. As such, he has 2 open cases, which is a concern, which is why they want the monitoring. From their eyes, he is still out and picking up charges and committing crimes, so it is either hold him until the cases are resolved or impose the monitoring, so the county knows where he is.
If the first charge is closed out today and resolve, then it could be requested that a bond just be put in place, instead of the EM, depending on what the charge is. However, he can ask to be appointed the PD, so he knows what his legal rights are and if resolving the other case, is in his best interest.
At this point, the Judge would put a monetary bond in place, with any other conditions imposed, for the new charge that he picked up. The bond is an attempt to secure his appearance at all future hearings along with his promise to appear.
Yes, if he is represented by legal counsel, they will need to address the Judge and court. He can ask to be appointed a PD and then this continued, until he attorney can get caught up to speed
If the PD has not been appointed to the new case yet, then No. However, he can ask for an appointment of the PD and when he does, ask if the issue with the EM can be continued and delayed, until counsel is able to speak and act on his behalf.
Yes, if it is in a different court and with different issues, unless they were to combine the cases, he may have two separate PD's, depending on the situation. He can and should contact his PD and speak with them about this, letting them know and seeing if they can assist
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