Can a person be set free on a violation of probation since there violation period is up?
Question Details:
My brother was put on 5 years probation and in Sept. of this year was arrested for an assault second degree. He went to court today and his case was dismissed, but now we just found out that he is sitting in jail for violating probation. What can we do?
Criminal Defense Law Answers
teh judge that he was on probation to obviously issued a bench warrant and is holding him on a no bail. If there are no other technical violations then the judge needs to be made aware of the fact that the new charge was dismissed(although in some extreme cases a prosecutor will still try to go forward on the facts with the violastion of probation because the burden of proof is less stringent) if the judge refuses, then a hearing needs to be set asap for the vop. If you have questions or want to meet with me so we can discuss this further and I can quote you a fee please call me at 410 727-4880. Thank you
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