Violation of Probation Through a New Crime
My question involves criminal law for the state of: Pa. My ex-husband is on probation for a dui offense, he recently was arrested for a domestic dispute with his partner. He was held on a probation detainer until a GAG hearing. I have a few questions. How soon does a GAG hearing have to be scheduled? Can he be held until the end of his probation term which is 2 years? He has a very good job and we have 3 little children that we share custody a week on a week off and my girls are devestated and I dont have answers for them. Please help.... Thank You
Re: Violation of Probation Through a New Crime
A domestic violence charge will definitely be a candidate for reason to revoke. I am sure that he will be violated if the case goes beyond the initial hearing date. However, it may be enough to violate simply for the subsequent arrest or just contact with law enforcement. Violations for probation don't always need a conviction in order for the officer to violate. Whether or not he violates simply because of the new charge depends on the probation department's rules.
He can be held for the length of his sentence depending on whether or not he has his probation revoked. Too little information to give you an accurate answer on that.