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I’m on house arrest for misdemeanor battery in Overland Park…

I’m on house arrest for...
I’m on house arrest for misdemeanor battery in Overland Park Kansas for 60 days. I have 30 days left today. I was ordered to appear early this morning and was told I have a new misdemeanor charge for theft as well of $300. I was ordered to appear in court tomorrow for the house arrest violation. What should I expect to happen tomorrow morning in court? Will I immediately go to jail possibly? Or is there due process?
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Answered in 2 minutes by:
3/26/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,069
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Was the crime allegedly committed during the period of your house arrest? Or is this an old offense that preceded your misdemeanor battery?

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Customer reply replied 30 days ago
The theft that I’m accused of occurred during my house arrest. I also am being violated for going to try and get into a rehab house without asking permission. I was told I would have had to call and tell them I was going to the interview.
Customer reply replied 30 days ago
The theft I spoke to the police about and deny and they gave me a ticket for late April to appear.

If this theft allegedly occurred during the time you are on house arrest and you have another technical violation besides, you will likely taken into custody tomorrow and should prepare for that. This doesn't mean you're not entitled to due process. You'll have a hearing on the violation of probation, for which you can have a lawyer present. And you'll be able to fight the new case, all the way to trial if you wish it. But they can hold you until the heariing if they feel that house arrest wouldn't keep you from reoffending.

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Customer reply replied 30 days ago
Will I not be given a chance to post bond?
Customer reply replied 30 days ago
I mean tomorrow morning if they take me into custody.

It's possible. I would certainly argue that you be given the opportunity to post bond. You haven't been convicted of the new charge, and probation does not typically violate just for the arrest, which is a non-violent misdemeanor that you have denied to the police. Also, you're coming into court voluntarily as you were asked to do by your probation officer.

Hopefully, someone has notified your lawyer to make a strong argument on the above grounds.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,069
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,069
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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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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