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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28002
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My son is on probation for carnal knowledge but is labeled

Customer Question

My son is on probation for carnal knowledge but is labeled as a sex offender. He was out of jail on probation. He was arrested for simple battery. A hold is put on him for violating his probation, even though he didn't. He went to court for simple battery and his court date is in September. Did he violate his probation? if not can I get him released into my custody until his trial date in September?
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The arrest alone is a basis for his probation officer to violate him and issue an arrest warrant and a no bond hold on him. Your son have every legal right to request a violation of probation hearing and fight the allegation against him. If he did not commit the alleged battery, then he should not take any type of plea deal. Even though the case for the battery charge is set for September, the hearing for the violation of probation would be much sooner. He can admit to it and try and work out a plea or deny it and go to a final hearing. If it turns out that he did not violate, then he would likely be released from jail, assuming there is a bond on him for the battery charge, since there would no longer be a hold. If for some reason the hearing for the violation is not set for a while, then a motion would need to be filed asking that a bond be set or some type of pre-trial release, so he does not have to sit in jail and wait to answer to both the violation and new charge. That is something that would be at the discretion of the Judge. Having him released into your custody is a mitigating factor for the Judge to consider but he/she will want to look at the alleged violation, facts and speak with the State about how they are going to proceed.

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Expert:  LegalKnowledge replied 4 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

what if the person wants to drop the simple battery charges since she didn't want to press charges.

Expert:  LegalKnowledge replied 4 years ago.
The decision to drop the case is up to the State. The reason being is that the crime is against the State of Louisiana with the State representing the legal interest of the victim. While she can advise them that she wants the case dismissed, the prosecutor has the final say. However, their ability to proceed with 1) the violation of probation and 2) the criminal charge, depends on her cooperation. If she fails to appear and testify or cooperate with the State, they will have a difficult time proving the charge beyond a reasonable doubt at trial or even convincing the Judge at the violation of probation hearing, that he committed the alleged charge, for which he was arrested for. As such, they would likely have to drop both charges.