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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: 7 months ago.Category: Criminal Law
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Answered in 5 minutes by:
9/27/2017
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,747
Experience: Managing Attorney at a Law Firm
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!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

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

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Customer reply replied 7 months ago
HE WAS IN PROBATION
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

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

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 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!

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Customer reply replied 7 months ago
HE DOES HAVE A BOND AMOUNT THOUGH
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 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.

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Customer reply replied 7 months ago
HE HASN'T SEEN A JUDGE IN THE PAST 4 DAYS HE HAS BEEN HELD
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 months ago

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

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 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!

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Customer reply replied 7 months ago
Thanks very much but i believe he has been released already he isn't in the system
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 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!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 7 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!

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