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  1. #1
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    Jul 2017
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    Default How Long Can You be Held on a Probation Violation Without a Court Date

    My question involves criminal law for the state of: New Mexico how long can they keep you incarcerated without a court date while on a probation violation hold

  2. #2
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    Default Re: How Long Can You be Held on a Probation Violation Without a Court Date

    Once it is reported to the court that issued the warrant that the defendant is in custody, the court will schedule a hearing.

    What are the facts?

  3. #3
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    Jul 2017
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    Default Re: How Long Can You be Held on a Probation Violation Without a Court Date

    That's the problem my nephew's been in there for over a year and still no court date is has been set what can I do to help him in this matter

    It's been over a year that he's been sitting in there and no court date has been set facts are he was set up by his own mother and has no knowledge of what's going on or why he's even in there and he doesn't have a probation hold but the judge won't grant him a bond

  4. #4
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    Jul 2010
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    Default Re: How Long Can You be Held on a Probation Violation Without a Court Date

    You can help your nephew retain an attorney, that's about it.

    Does this have anything at all to do with your other thread about a murder investigation?

  5. #5
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    Jul 2017
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    Default Re: How Long Can You be Held on a Probation Violation Without a Court Date

    Honestly no it doesn't this is a whole different situation and matter.. I need to know what to do about him sitting in there for almost a year and still no court date

  6. #6
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    Default Re: How Long Can You be Held on a Probation Violation Without a Court Date

    You can hire an attorney for him. That's about it.

  7. #7
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    Default Re: How Long Can You be Held on a Probation Violation Without a Court Date

    Quote Quoting Morena
    View Post
    That's the problem my nephew's been in there for over a year and still no court date is has been set what can I do to help him in this matter
    If he has been incarcerated for a year, he will have been charged and he will have had court proceedings. He has either been resentenced on the underlying charge, or he is being held pending trial on new, serious felony charge.
    Quote Quoting Morena
    ...he was set up by his own mother...
    Then he must know what the charge is, as otherwise he would not know that he had been set up for the charges.
    Quote Quoting Morena
    ...and has no knowledge of what's going on or why he's even in there...
    You just told us that he knows why he is there -- his mother committed a crime and "set him up" to look like the guilty party.
    Quote Quoting Morena
    ...and he doesn't have a probation hold but the judge won't grant him a bond
    You initially stated that he does have a probation hold.

    If he is being held without bond pending trial, that suggests that he is facing a very serious felony charge. If he believes that it is unreasonable for the judge to deny bond, he can speak to his lawyer about petitioning the court to allow for a bond -- but in cases in which bond is denied, even if the judge allows a bond it is likely to be a very high bond.

    He can also talk to his lawyer about exercising his speedy trial rights, although it's not always to the defendant's advantage to press for a quick trial.

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