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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27076
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Does it sound right that someone was arrested and put on po

Customer Question

Does it sound right that someone was arrested and put on po hold December second, stay on hold till court on the seventh, be issued a signature bond but have to complete a 45 day sanction, and still as of today be on hold to even start the sanction weeks later, without the last 3 almost 4 weeks counting as any time served towards completion?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Is the defendant just on probation or in drug court or some other specialty court? What's the nature of the 45 day sanction and what sort of hold is also on the defendant? Is the defendant represented by counsel?

Customer: replied 1 year ago.
He is on felony probation and obtained a new charge, which the trial is still going to take place. The sanction is for violating his probation instead of revocation etc. he has a public defender that was appointed for the new case, weather there is any involvement with this situation, I'm thinking not.
Customer: replied 1 year ago.
His probation officer told me the judge signed the paper to start his sanction last Friday and by the beginning of this week he would be starting, yesterday I was told it should be no later than yesterday or today that she would have the paper faxed to the detention center for him to start, but still nothing, he has put in requests to see her, and those have failed as well
Customer: replied 1 year ago.
If an attorney were to get involved is there anyway they could speed this up? Or that they could push for allowing the last few weeks to count towards completion? Or is he just stuck while they seem to be taking their time
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply.

What's the new case? Misdemeanor or felony?

There's a remedy when someone is being wrongfully held, and that is for the defense lawyer to file a writ of habeas corpus for the state to show good cause why he is still being held and, if they cannot, release him. It's a special, extraordinary remedy to be used only when someone's civil rights are clearly being violated.

A defense lawyer should know to bring such a writ if there were no reason at all for this defendant to be held. So it's likely that the reason he's still in is that they are trying to work something out to resolve both cases together. If you ask the defense lawyer why he doesn't file a habeas to get this defendant out, he can tell you what's going on. But it sounds like there's a deal in the works as soon as it's clear what's going to happen with the new case.

Expert:  Zoey_ JD replied 1 year ago.

I thought you said that he has a public defender, which means that a lawyer is already involved. But yes, if a lawyer is involved and he's being wrongfully held, I have already told you what the lawyer could do. In situations like this, however, the tie up is usually that the defense is trying to work out something with regard to the new case so that when he gets out he'll have nothing hanging over his head.