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How to Get an Expedited Hearing for a Probation Violation

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  • 09-25-2015, 12:27 AM
    HelpPls
    How to Get an Expedited Hearing for a Probation Violation
    My question involves criminal law for the state of: Nevada

    To make a long story short, my boyfriend went into custody on 9/13/15 on a domestic charge. These charges were dropped a few days later after he went before the judge. Well, he is on probation and on a probationary hold at this point. His PO has given him a great recommendation. Upon giving him this paperwork he told him he'll be reinstated once he sees a judge for the potential violation. Since my boyfriend and his PO have a good relationship and he has done everything to the T, up until this hiccup, he was given some kind of waiver to sign to sort of expedite the court date process (not sure what it was called but instead of 30-45 days it should only be 20 or so).

    Well, i looked online today and his court date is set for 11/04/15. That is 7 weeks after his arrest date. How is this possible with the waiver that he signed, and I was browsing district calendar and there are tons of people that are being seen for a revocation within 4 weeks of arrest date! I dont understand. This was supposed to be expedited, and this is nearly double the time of most other people! I've tried contacting his PO several days in a row at this point. No returned phone call, of course. If this is the earliest court date for the judge that is assigned to his case, is it possible to reassign? What could have happened to this waiver? Does anyone have any ideas? I am really at a loss at this point. Not to mention, he has been complimented by his PO on the fact that he has done everything right up until this point (making his payments is a major point here) but if the court date really does take this long, he will lose his job, thus making him unable to fulfill other aspects of his probation. What can I do??
  • 09-25-2015, 06:17 AM
    free9man
    Re: Expedited Violation Court Date
    YOU cannot do anything outside of assisting your boyfriend with getting an attorney.

    You are, legally, nobody in this situation. His PO is not going to speak to you because they don't have to.

    Just because some kind of waiver to expedite the hearing was signed does not mean that the court is obliged to expedite it.
  • 09-25-2015, 08:16 AM
    Mr. Knowitall
    Re: How to Get an Expedited Hearing for a Probation Violation
    Quote:

    Quoting HelpPls
    View Post
    ...but if the court date really does take this long, he will lose his job

    Why? Is he still incarcerated?
  • 09-25-2015, 01:48 PM
    HelpPls
    Re: How to Get an Expedited Hearing for a Probation Violation
    Yes, he's still incarcerated. Will be until his court date on November 4th unless we can get his court date moved up or reassigned somehow.

    - - - Updated - - -

    Can we get his case reassigned to another judge?? I don't understand. He is waiting twice as long as anyone else in there on a violation.
  • 09-25-2015, 01:49 PM
    Mr. Knowitall
    Re: How to Get an Expedited Hearing for a Probation Violation
    Apparently, once your husband was arraigned and requested a formal hearing on his probation violation case, that was the first date available to the court. We have no access to the court's docket, so we cannot tell you how congested it is. Your husband can discuss his options with his lawyer.

    If your husband was fortunate enough to be allowed to post bond, that would be a way for him to get out of jail pending his hearing.
  • 09-25-2015, 05:28 PM
    HelpPls
    Re: How to Get an Expedited Hearing for a Probation Violation
    Can they post bail without having a court date? Also i understand that that is the first available date for this specific judge, but again after viewing the district calendar i'm seeing people get revocation court dates with the violation report being filed after his and he is still being seen weeks after they are. So i guess my question is, since this judge seems to be backed up with court dates is it possible to have his case reassigned? Is this something a lawyer can do or only probation? I dont see the sense in our tax paying dollars pay for him to be incarcerated when its as certain as can be (without final sentancing) that he will be reinstated. It just seems as though since it is such an easy case it wouldn't take so long.
  • 09-27-2015, 07:46 AM
    Katyciarra
    Re: How to Get an Expedited Hearing for a Probation Violation
    Find out who his public defender is and contact him or her that's the only person who can get him into court sooner
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