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Recent Probation Violation questions

I blew 2 violations one right after another with my smart

Hi. I blew 2 violations one right after another with my smart start ignition interlock. I know i was drinking hours before but things last longer in my system. I know i have to tell my probation officer n willing to accept the consequences. I am wondering what the consequences can be though to know what I am walking into.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MNJA: Have you talked to a laywer yet?Customer: No. I should talk with mine but I am somewhat panicky about itJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Nisha Jones, Esq.

Juris Doctorate

388 satisfied customers
My husband and step daughter were both arrested and charged

My husband and step daughter were both arrested and charged with child cruelty. My four year old grandson was popped in the mouth by my husband for screaming and my step daughter gave him a spanking, which the authorities are saying it was excessive. We took him the next day to be examined and interviewed. DFCS stated there were no marks of abuse and he appeared to be a healthy child. Three days later they are both arrested. My question is as follows: They were both given a bond amount and the bond has been paid, but they have not been released. We are getting so many different answers as to why they are still incarcerated. I will add this is a small town, very political, and my step daughter is going through a very nasty divorce......the father doesn't want to pay child support nor alimony. My husband is in very bad health and they are denying any medical attention......they have stated he has a bench warrant from 2007, which I have been told by officials that it will not stand. Can you tell me what I need to do to get both of them home?

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Nisha Jones, Esq.

Juris Doctorate

388 satisfied customers
A man is currently before a judge on a minor probation

A young man is currently before a judge on a minor probation violation. His attorney and the prosecutor were in agreement regarding follow-up, as was the judge until she realized that his original conviction was a sex offense. He had completed a 6 1/2 year sentence. judge then indicated that the recommendation was not acceptable. It seems clear the the judge has a bias which she used to squash the recommendation.Is there any recourse given the judges bias?

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Zoey_ JD

Doctoral Degree

29,536 satisfied customers
I did a plea bargain so not to be sentenced for 25 to life

I did a plea bargain so not to be sentenced for 25 to life as I was told. Unfortunately I did 9 years for 290 case. I have a woman that I have become involved with with permission from parole that knows everything about me. Her neighbors looked me up and found out about my past and turned me into parole by calling the local authorities, even though I had been given permission, but it was to not be in the house if girlfriends son came in house. He would come and go to the bathroom then run outside again. I did not go out every time he came in and neighbors turned me in because of the well being of the child. I was violated and I am now being told that I cannot see her at ALL and must break it off with her, but we are engaged. I understand I don't have any rights while on parole, but isn't this a breach of her civil rights? Can anything be done at all? I love her and want to marry her.

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Nisha Jones, Esq.

Juris Doctorate

388 satisfied customers
My son has an outstanding warrant in Oakland County. He is

My son has an outstanding warrant in Oakland County. He is currently in the Eaton County jail, and will be until around February. He thought he had completed all of the requirements for Oakland County, but the warrant is for probation violation - failure to appear (there are two cases, one for MIP, one for marijuana, and they are from 2013) I've contacted the court and asked if he can do a plea by mail. If he doesn't get the Oakland county matter worked out, he will not be able to get into the programs that he needs in Eaton County (cognitive thinking, AA, etc.) i am not sure what to put on the form as far as what he is pleading to. Also, does he send it to the court and they send it back with an amount of $ or time? Thank you!JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: Michigan. The warrant was issued 5/12/15. We only found out about it when the Secretary of State suspended his license.JA: Have you talked to a laywer yet?Customer: I've emailed his lawyer, but I'm not getting any response.JA: Anything else you want the lawyer to know before I connect you?Customer: He's not as bad as he sounds! :)

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
What is the likely punishment for a person detained in NJ by

What is the likely punishment for a person detained in NJ by Port Authority for a bench warrant on a missed ARD in PA for DUI. He is in jail in NJ now, seeing NJ judge tomorrow, to extradited to PA to see the judge there.What is the most likely punishment for this?

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Zoey_ JD

Doctoral Degree

29,536 satisfied customers
My cousin in being held in Georgia for a probation violation

My cousin in being held in Georgia for a probation violation warrant from South Carolina. She is waiting to see if they will extradite her. Is there any way to get her out on bond if we hire a lawyer?JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: The warrant is from South Carolina the warrant for probation violation was issued in 2013JA: Have you talked to a lawyer yet?Customer: I am not sure should I be talking to a Georgia lawyer or a South Carolina lawyer. I talked to someone in South Carolina who told me there was nothing that could be done until she is extradited to SC. But we are trying to handle it before then and minimize the wait time.JA: Anything else you think the lawyer should know?Customer: The probation violation warrant is for financial transaction fraud

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Roger

Litigation Attorney

Doctoral Degree

33,578 satisfied customers
JD, on the probation violation. As you remember from past

For Paul JD, Paul on the probation violation. As you remember from past questions I was found to be indigent and appointed counsel in the matter. After being found guilty a motion for new trial was filed as well as my attorney's motion to withdraw. There was a hearing set for these motions. My attorney's withdraw motion was the first one the court heard. The court granted the motion and excused my attorney. Then the court proceeded to the motion for new trial, which I was not prepared to address this pro se. The court led me to believe the hearing was continued to give me time to hire my own attorney. The court did not appoint new counsel to represent me as I was found to be indigent. After leaving the court house that day the court denied the motion for new trial and set a sentencing date. I appeared unrepresented and was sentenced to 90 days in jail, 88 days suspended. Up to 1 yr probation and a $315.00 fine. The court never addressed any conditions of probation. Now I am being accused of a probation violation. Do I have a defense against the probation violation that due to the court proceeding in the case and ruling on motions and continuing on to sentencing unrepresented, since the court never appointed new counsel, that I did not have an attorney to explain to me the sentence I received and what would be expected of me to complete the sentence? There is an order from the court that just stated I was to sign up for probation supervision. With no explanation of what probation supervision entitled. The violation I am being accused of has nothing to do with the crime in which I am on probation. So would the fact I was indigent and denied counsel at a critical stage of my case be a valid defense?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
I am on felony probabtion for retail theft. I was just

I am on felony probabtion for retail theft. I was just accused of another retail theft. I was at Walmart at the self checkout and swiped my card and walked out. The police just called last Friday and said they are accusing me of retail theft since my card didn't go thru. The police said he would call me sometime this week to arrign me. What is the best case and worst case that I can get from this.

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Zoey_ JD

Doctoral Degree

29,536 satisfied customers
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