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02-14-2010, 01:04 AM
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Junior Member
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Join Date: Feb 2010
Location: Arizona
Posts: 2
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Probation violation, court appearances. So confused! HELP
My husband is on probation. He went to see his PO and she did her questioning, and than told him she was violating him. A mesa police officer came in and arrested him right there and took him to jail. We suspected he may be violated due to a theft crime he was in 3 weeks prior, but did not expect it would go that way. When he was arrested for theft he went to jail for 5 days, and as soon as he got out he called her and told her everything. She had her partner come over and check on him, and he didn't even give him a hint that he was going to be violated. So, he had the first court appearance within the 24 period they have to give, and at that time she set another court date for Feb17. Well, I called the jail information line and as of 2 days ago the date now says March 2nd. And it is to be held at the drug court. I have never even heard of a drug court. I spoke with an operator and she said his date was moved. He and I both have heard that the next hearing had to be within 7 days of the first. So, I got on the internet and started searching. I did find that it said it was to be held within 7 days. I than looked up his court case information and case history. On that is says, he has one date on the 17th of Feb for a non witness hearing, and one on the 2nd of March for a probation revocation arraignment hearing. I also looked up the drug court, and I am clueless as of why it would be there. Now I pay exact attention to what the information line says, and when you first call before it asks what details you want it says, this inmate is scheduled for a revocation hearing to be held on March 2nd. at the drug court, than it asks what details you want. On to specific charges.. It says one open charge; probation violation, this inmate has not been sentenced for this charge; this charge has been bound over to superior court. But, it does not give a court date. So, I am totally confused now. On the superior court website there are 2 different dates, and one is for non-witness violation hearing on Feb 17th, and the other is the revocation hearing on March 2nd. So it seems to me that he has 2 different dates for the same charge, and one is in the drug court? Can anyone tell me what is going on? I would bond him out but they have set it really high, and to hire an attorney costs more than I have
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02-14-2010, 07:07 AM
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Senior Member
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Join Date: Jul 2007
Posts: 1,889
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Quote:
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She had her partner come over and check on him, and he didn't even give him a hint that he was going to be violated.
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Any time someone on probation gets new charges, you can bet that violation is coming. It might not be immediate, but it's certainly around the corner. That's the whole POINT of probation - that he can be back out in society as long as he can keep his nose clean and STOP all criminal activity. Getting arrested again means that the terms of probation have been not just bent, but broken.
I suspect one of the hearings has to do with his probation violation, and the other has to do with the NEW crime. You really need to speak to someone at the Clerk's office who has access to the docket who can check on the cases and clarify that for you. There's no way we could even begin to guess from here over the internet.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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02-14-2010, 04:46 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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I agree with aardvarc. If you cannot afford an attorney, he needs to apply for a public defender. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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