Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My son was released from jail in Colorado after serving a…

My son was released from...
My son was released from jail in Colorado after serving a violation of protection order. When he served his time, they held him the transferred him to another county on a warrant for another violation of protection order.
He waited 7 days for transfer, then waited 3 days for judge to grant him bail, then was re arrested 3 days later on same warrant. Taken back to jail, saw a judge 2 days later, granted bail, but held him due to the original warrant triggered a violation of probation from his first jail sentence. Then Friday, he went back before the judge in Denver and told the charges were dropped.
They won't release him because the violation of probation warrant in Douglas county but they also won't transport him. The Douglas county warrant for violating probation should be tossed due to the fact that Denver dropped charges.
Timing on all of this makes it complicated.
What can we do to get the info to Douglas county so they can see the charges were dropped?
The state is colorado
Denver city dropped charges
Douglas county has warrant for probation
Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 9 months ago
Is this too complex for text?
Answered in 21 minutes by:
9/19/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The standard of proof on a probation violation charge is lower than on a new criminal case, so the dismissal of a charge doesn't automatically equal a dismissal of the probation violation. The state can still choose to take him back to court to determine whether, more likely than not, he violated the terms of his probation.

The problem isn't that they won't release him, but that they won't transport him to the other county so he can face a hearing on the violation. It's possible that they're waiting to see if Douglas County will pay for the transportation. If no one wants to pay, he should get released.

Meanwhile, if your son had a lawyer for the original case, call that lawyer and see if there is anything they can do to help. If he didn't, try calling the public defender's office in Douglas County to see if they can help him get either transport or release. Because a probation violation can mean jail, they should be willing to represent him if he can't afford to hire an attorney.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Ask Your Own Criminal Law Question
Customer reply replied 9 months ago
Ok, so he may still have to go before the judge and be arraigned on violation of probation.
The bond was 75k so again he may have to spend several more days in jail for being charged then dropped.
Does he have any recourse for the fact he was jailed then released with no charges filed?

Yes, he'll probably still have to go before the judge. He can then request bond before the final hearing.

Police unfortunately are allowed to hold someone indefinitely on a warrant, so there's no cause of action for jailing and releasing him in this scenario.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
Lucy, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Thank you
Was this answer helpful?
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I need a sample letter to write a judge before sentencing on
I need a sample letter to write a judge before sentencing on behalf of a family member.… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
Could you explain the 74/11 law and how it is used in
Could you explain the 74/11 law and how it is used in defense?… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
IN TEXAS-HOW LONG TAKE TO GET A PARDON UNDER THE NEW LAW GIVEN
IN TEXAS-HOW LONG TAKE TO GET A PARDON UNDER THE NEW LAW GIVEN POWER TO GOVERNOR TO GRANT PARDON IN DEFERRED ADJUDICATION FROM LAST 10 YEARS- AND AFTER THE PARDON HOW TO EXPUNGE THE RECORD IN DALLAS C… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
How far behind in Indiana can someone fall before non-payment
How far behind in Indiana can someone fall before non-payment of child support becomes a felony?… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Will first offenders act keep arrests from showing up on fingerprint
Will first offenders act keep arrests from showing up on fingerprint checks? example i,m applying for job with school system.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
In New Mexico, can an ex-felon own a crossbow. I would like
In New Mexico, can an ex-felon own a crossbow. I would like to take my son hunting.… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am on sex offender list in Utah but completed my probation
I am on sex offender list in Utah but completed my probation a few years ago. I am a travel agent and need to go to Disneyworld and stay at the resort there and also go to the amusement parks. I wante… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
What happens if I am returned to court fo noncompliance by
What happens if I am returned to court fo noncompliance by my ASAP office?… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
should i say that i mixed up the dates? or something eles?
should i say that i mixed up the dates? or something eles?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
What rights do inmates in county jails have? Ohio. You might
You might need some background info. My son is in there for a misdemeanor assault. He spent 34 days in. He was out for 5 months on bond. Judge sent him back to wait for probation to see him. It's now been almost 2 more months and probation isn't returning my call about why they haven't seen him … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
331 satisfied customers
My boyfriend is in county jail in Arizona probation
My boyfriend is in county jail in Arizona for a probation violation (he returned a diluted drug test and was given 30 days). He is on probation due to a F6 drug paraphernalia charge that he pled guilt… read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
My son was on deferred 5 year probation in Oklahoma he had
My son was on deferred 5 year probation in Oklahoma he had it transferred to Texas his home state. Now he has been charged with a new charge in Texas . Bond was set and paid and now they are holding h… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Father was picked up for a non resended child support warrant
Father was picked up for a non resended child support warrant from 2012. A warrant for probation violation was outstanding for the state of Penn. Penn was notified of the incarceration on the 7th of N… read more
Nate
Nate
Lawyer
Juris Doctor
1,736 satisfied customers
In 2003 my son was arrested in Tucson, Az. for assault against
In 2003 my son was arrested in Tucson, Az. for assault against his live-in girlfriend. She later dropped charges. Before his court appearance (though he had been bailed out of jail) he left the state.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
My girlfriend was recently sentenced to 244 days in jail (the
My girlfriend was recently sentenced to 244 days in jail (the remaining balance of a 365 day suspended sentence) for a DUI she received in November 1995. This was a deferred sentence, which was revoke… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
my husband was on probation from ga. we had it transferred
my husband was on probation from ga. we had it transferred to fla. then he failed 3 drug tests,they violated him in fla. held him in a county jail for 6 weeks.released him and told him to turn himself… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a convicted felon who served a year and a day for tax
I am a convicted felon who served a year and a day for tax evasion. I have served my sentence and was put on three years supervised release. I have finished year one on supervised release paying my mo… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
IF YOU TURN YOURSELF IN FOR A WARRANT YOU RECEIVED IN ANOTHER
IF YOU TURN YOURSELF IN FOR A WARRANT YOU RECEIVED IN ANOTHER COUNTY HOW LONG DOES IT TAKE FOR THAT COUNTY TO TRANSFER YOU TO THE COUNTY WHERE THE ORIGINAL WARRANT WAS ISSUED? DO YOU NEED TO CALL AND … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x