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My son was released from jail in Colorado after serving a

violation of protection order. When...
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
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Customer reply replied 2 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: 30,595
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.

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Customer reply replied 2 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: 30,595
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 2 months ago
Thank you
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30,595
30,595 Satisfied Customers
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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