Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

TODAY AT 5PM IT WILL BE 72 HOURS SINCE MY HUSBAND HAS BEEN…

Customer Question
TODAY AT 5PM IT...

TODAY AT 5PM IT WILL BE 72 HOURS SINCE MY HUSBAND HAS BEEN HELD IN JAIL WITHOUT BEING SEEN

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

CALIFORNIA

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

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

NO, JUST TAKE WHAT TO DO IF THEY DON'T RELEASE HIM TODAY HE HAS DUI CHARGE AND CHILD DANGERMENT MISDEM. CHARGE

Submitted: 10 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 5 minutes by:
9/27/2017
Criminal Lawyer: Nisha Jones,
 replied 10 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Criminal Law Question
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Was your husband on probation or parole when this incident occurred?

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
HE WAS IN PROBATION
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Okay, thanks for the additional information. Give me just a few minutes to type up my response for you.

Ask Your Own Criminal Law Question
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Unfortunately this is known as a probation hold.

This means that the typical procedure in criminal cases, in which an alleged defendant has to be brought before a judge within 24-48 hours to be issued a bond amount, is not applicable here.

Your husband actually can be held in custody without bond until his probation violation hearing (PVH) takes place. The PVH should be scheduled for sometime in the coming weeks.

You can view this as 2 separate running cases:

(1.) he has the PVH because this new alleged crime constitutes a violation of the terms of his probation (ie. to stay out of criminal trouble)

(2.) he has the new case for the DUI and child endangerment allegations.

My recommendation would be to hire a local defense attorney to represent him as soon as possible. He will need representation for both the PVH and the new case.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
HE DOES HAVE A BOND AMOUNT THOUGH
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Correct.

This means that he was taken before a judge for the new case, and a bond amount was issued, however he was most likely marked as having a probation hold which is why he has not been released.

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
HE HASN'T SEEN A JUDGE IN THE PAST 4 DAYS HE HAS BEEN HELD
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Just to clarify he hasn't seen a judge, but a bond amount was issued on the new case, correct?

Ask Your Own Criminal Law Question
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

I just wanted to clarify for you, that the same information applies as I explained earlier.

A bond may have been issued on the new case -- whether he's been before a bond judge or a standard bond was automatically issued -- however he hasn't been released because he has a probation hold.

This is standard practice when it comes to violation of probation cases.

Unfortunately this means that he won't be released until a conclusion is reached at his PVH -- at which point the judge will issue a sentence on the violation -- this could range anywhere from extended probation time, to some time spent in custody in jail.

That's why it's good to speak to his attorney as soon as possible, so that they can get to work right in preparation for the PVH.

I hope that helps. Let me know if you still have any questions about this.

Please also remember to take a moment to leave a positive rating, 5 stars are always appreciated, thanks!

Ask Your Own Criminal Law Question
Customer reply replied 10 months ago
Thanks very much but i believe he has been released already he isn't in the system
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

You're welcome, no problem! That would be quite unusual, but if he is released that's great news.

If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

Don't forget to take a moment to leave a positive rating for me, thanks so much!

Ask Your Own Criminal Law Question
Criminal Lawyer: Nisha Jones,
 replied 10 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
3,490 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones 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

3,248 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
My sons father is in jail for DUI but had a Federal hold
my sons father is in jail for DUI but had a Federal hold from Montana for possession of a fire arm but he was never found with a gun on his person it was in a car that he was driving but did not belon… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
My husband attempted suicide last Saturday. He was brought
My husband attempted suicide last Saturday. He was brought to the ER and placed on a 1013 hold. We stayed in the hospital until 6am Tuesday morning to get him medically stable and also to locate a fac… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,490 satisfied customers
My son was arrested on 6-29-17 on an alledged DUI and 3 pass
My son was arrested on 6-29-17 on an alledged DUI and 3 pass warrants he had for FTA. Today, 7-3-17 he was taking to a wrong court and was not arraigned. My question is, is that legal? or should they … read more
Thelawman2
Thelawman2
Doctoral Degree
1,744 satisfied customers
My husband was arrested Monday night for assault 4 dv and
My husband was arrested Monday night for assault 4 dv and unlawful imprisonment dv. I was contacted by an advocate. I told her there was no reason he should have been arrested because he did not hurt … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
My husband was arrested for parole violation. His parole is
My husband was arrested for parole violation. His parole is from Arkansas but paroled to Arizona. He plead guilty to an aggravated Dui. How long can they hold him in jail waiting to here from Arkansas… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,490 satisfied customers
Another question on this case, please In this case, PA
Another question on this case, pleaseIn this case, PA issued the Bench Warrant for extradition back in March 2016 and my friend was already in the NJ prison serving a year due to the probation violati… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
My husband is being held in a 5150. He Is bipolar and on occ
My husband is being held in a 5150. He Is bipolar and on occ has issues. There is a hearing Tuesday at which they are attempting to extend his hold without just cause. We are seeking representation fo… read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
my son is on probation for 2 duis, he was arrested for simple assualt, unauthorized use of
my son is on probation for 2 duis, he was arrested for simple assualt, unauthorized use of a motor vehicle, harrasment, and driving with a suspended liscense in pa, how much jail time will he get. He … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I asked Law Pro, but I have sent information but I cannot get
I asked Law Pro, but I have sent information but I cannot get it to him for some reason...so, I will start new....my friend who has a DUI wrecked his car and was taken to the hospital in 2010...he tes… read more
stevexo
stevexo
Criminal Defense Attorney
Doctoral Degree
992 satisfied customers
My husband who is from Montana got arrested in Herford texas
My husband who is from Montana got arrested in Herford texas for first offence DUI and has been in jail for two weeks, has not had an arraignment and from Montana I can seem to find out what going on.… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
My husband was arrested Thursday and they have not told him
My husband was arrested Thursday and they have not told him what's he's has been charged with. He is still in a holding cell. Do they have to release him or charge him?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
This question has come up in Pierce County Superior Court
This question has come up: in Pierce County Superior Court in Tacoma, WA the rules say an arrested person has to be seen in court by the judge within 72 hours (first appearance or whatever it is calle… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,463 satisfied customers
Good Morning, My husband was arrested on 1/6/11 for battery
Good Morning, My husband was arrested on 1/6/11 for battery & kidnapping. He went to jail and was to be arraigned yesterday. He was not arraigned because the D.A. refused to press charges so he was re… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband got a DUI in Nevada two years ago. He failed to
My husband got a DUI in Nevada two years ago. He failed to finish the school part. Recently he got arrested by California. Due to the warrant, in Nevada, he is currently in jail. He was told he would … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
What are the rights of someone that was "Bakerized" in Florida
What are the rights of someone that was "Bakerized" in Florida and released as an "out patient" to relatives for a month. My brother is with me (in another state) and is afraid that when he goes back … read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
my son had a dui and was issued a letter to appear for recvocation
my son had a dui and was issued a letter to appear for recvocation of parole before the judge. he did not appear and was picked up on a bench warrant. his po says she is not holding him thAT HE IS BEI… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
My son was arrested on 3/30 at 9 45. he has been in the jail
My son was arrested on 3/30 at 9:45. he has been in the jail down town since. he has not seen a lawyer though he requested one. And has not been to court at all. Charges are 288a and two listings of 2… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
my fiance was incarcerated in missouri department of ...
my fiance was incarcerated in missouri department of corrections for a probation violation when he got picked up he had a firearm on him he served a year in mdoc when he was about to be released the u… read more
jamest
jamest
High School or GED
194 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