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My daughter was on probation and she got arrested for

Customer Question
My daughter was on...

My daughter was on probation and she got arrested for failure to report. her probation officer told her she would be in jail for two weeks. it is now three weeks since she was incarcerated, does she have a right to a hearing? she has not been told anything in regards ***** ***** long she will be incarcerated. nothing has been done at all.does her probation officer have to set a time of incarceration of her and when is he allowed to do this

Lawyer's Assistant: Have charges been filed? If so, when is the next court date?

No charges were filed. she has not had a hearing. she was initially sent to jail by her probation officer telling her she would be there for two weeks. she has not heard anything since.

Lawyer's Assistant: In what state did this occur?

The state of New Mexico

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only what rights she has if any to have a hearing of be told how long she will be held

Submitted: 9 months ago.Category: Criminal Law
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Answered in 16 minutes by:
8/1/2017
Criminal Lawyer: Longhorn Lawyer, Lawyer replied 9 months ago
Longhorn Lawyer
Category: Criminal Law
Satisfied Customers: 13,142
Experience: Knowledgeable and experienced in criminal law matters.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

Let me first express my sorrow and sympathy for you and your daughter. This must be a really stressful time and anxiety provoking situation.

Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: She will have a right to a hearing, but there is no specific timetable set for when that hearing must occur. And the probation officer doesn't have the authority to force it or to determine when that hearing is going to take place. She can speak with an attorney about the possibility of having a habeas corpus petition filed to bring her before the court for her hearing, but for a violation of probation and the relatively short length of time she's been confined, it might not be issued immediately.

Again, I'm really sorry.

I hope that answers your question. Please remember to click on a rating at the top of your screen and hit the submit button - 4 or 5 stars are appreciated.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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