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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
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My son was arrested on a VOP infraction and was held in jail

Customer Question

My son was arrested on a VOP for minora infraction and was held in jail with iaano bail no bond, which is the practice in Escambia County, Florida. He did not even see his court appointed attorney for 27 days. I e-mailed our congressman and the next day his attorney showed up to see him and 2 days later he had a court date. They then released him on work release. After being jailed for 27 days he lost his job, which put losing his place to live in jepordy, along with all the normal life expenses. My question is why couldn't they have either set bail or put him on work release on day 1 rather than causing him to loose his job? I think this is completely wrong, not just for my son but all the other people they do this to.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is Alex.
I will be happy to answer your question.
Please note that any information is provided for educational purposes only!

Unfortunately, when a person is placed on probation and violates probation, the convicted person can in fact be held in jail until probation violation hearing is set and if it takes more than few days for the hearing to be set, then the convicted person or someone on his/her behalf can in fact contact and retain either private attorney or public defender's office which can file Habeas Corpus petition with the court and the court will review such situation and will take action based on the judicial review.

The main reason that many convicts on probation end up spending some time in jail once probation is violated, is because the does not afford the same level or protection to a convict who is serving probation as part of his/her sentence as it does to someone who is accused / charged with crime, but has not been convicted, so generally, there would not be any legal recourse under similar circumstances and it is very important to for the convict on probation to adhere closely to all the terms of the probation, since the supervising probation officer is basically "holding the key to a jail cell" and can in fact violate probation and throw person on probation in jail, even upon a minor violation.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 1 year ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.