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Probation Violation and Unpaid Fees

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  • 08-13-2005, 04:10 PM
    jcm
    Probation Violation and Unpaid Fees
    My boyfriend was pulled over last night for not driving with headlights on. Turns out, he has a warrant for his arrest for not paying fees while on probation. He spent 4 months in jail before he was released on probation about 2 years ago (for possession). What is going to happen now? Is he going to spend another 4 months or longer in jail? Would they keep him in just because of fees he didn't pay? Please advise!!
  • 08-13-2005, 08:18 PM
    jcm
    I just got some more info... Don't know if it will make a difference. My boyfriends last offense was tresspassing, not possession. He did serve 4 month and this was probably around 2.5 years. I know that right now he has to be in jail for 10 days while everything is being processed. What happens after that? Does he get to go in front of a judge? I know that a person legally has to see a judge withing 24 hours. They said that he doesn't get to see one because of the parole violation. Is this true? Please help, I'm going nuts, have no idea what's going on.
  • 08-14-2005, 04:35 PM
    aaron
    Probation Violation
    The driving offense is probably just a "traffic ticket", right? The only problem that is keeping him in jail is the probation violation?

    Your boyfriend would benefit from consulting a criminal defense lawyer. He may also benefit from resolving his outstanding fines expeditiously.
  • 08-14-2005, 05:39 PM
    jcm
    No, the warrant for his arrest was for a $160 fee, I guess something that he had to pay when he was out on parole. He had no idea he had to pay it. When he was pulled over, they told him he had a warrant out for not paying the fee. It was not for a traffic violation. What do I do? Do I pay it? Does he get a trial or see a judge? How long can they keep him for not paying the fee (which is why he violated his parole)?

    When someone violates his parole, what is the "normal" procedure?
  • 08-14-2005, 11:26 PM
    aaron
    Probation Violation
    How long he is held, and how a probation violation is handled, depends upon the jurisdiction, and the resolution of the probation violation hearing. I've been called at 8:30 AM to be informed that a (former) client had been picked up over the weekend, and "can you be here in 45 minutes for a probation violation hearing" - if the court he is in works that fast, the matter could be resolved rather quickly. It is possible that your jurisdiction takes more time, in which case he may have the opportunity to bond out.

    I can't advise you as to what to do on his behalf. For that type of advice, first thing tomorrow, consult a local criminal defense lawyer.
  • 08-15-2005, 07:10 PM
    jcm
    I did contact a lawyer. I do know that he is not allowed any personal phone calls or visitations. My question is that he does have a right to see a lawyer where he is at right? They can't deny him that, can they?
  • 08-16-2005, 10:06 AM
    jcm
    I found out yesterday that his violation was for not telling his p.o. that he moved. That was his only violation. I know that there next parole board meeting isn't for another 3 or 4 weeks. Will they keep him that long or can he go before someone sooner to get out of this mess? :(
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