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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 01-03-2005, 03:20 PM
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Posts: 24
Question

braking a two year probation


What is the name of your state?WI

Statute Description Severity Disposition
1 961.41(1)(h)1 Manufacture/Deliver THC (<=200g) Felony I Guilty / No Contest

She was arrested for the braking a two year probation for the second time (she was called on and taken in for a drug an alcohol test which came out positive). Her husband needs her for an INS interview in 2 weeks. What are his chances to get her out of jail for at least a day?
She hasn't talked to the probation officer yet.
What should he expect?

Thank you very much.
  #2  
Old 01-03-2005, 04:34 PM
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Location: Iowa
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Violating probation


Unless she has a bond, and someone has the money to pay the bond, she will not be allowed out of jail. She violated one time, and they put her in jail??
  #3  
Old 01-03-2005, 04:38 PM
seniorjudge
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"What are his chances to get her out of jail for at least a day?"

Poor



"She hasn't talked to the probation officer yet. What should he expect?"

Not much.


The judge has heard this one before.
  #4  
Old 01-03-2005, 08:26 PM
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Quote:
Originally Posted by nanaII
Unless she has a bond, and someone has the money to pay the bond, she will not be allowed out of jail. She violated one time, and they put her in jail??
She didn't stay in jail for the first violation but work in "correctional facility" or something like that.

Do you think they will keep her in jail before the court date?
  #5  
Old 01-04-2005, 07:21 AM
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People who violate their probation are given very little leeway since they have proven that they do not intend to co-operate.

...even if...
  #6  
Old 01-04-2005, 03:57 PM
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Question

Would it be possible to get her out if he hires her a lawer?

They let him visit her just once a week. Is there a chance for him to talk to her probation officer or anybody else who could insure her being released for the day of interview?

Thank you very much.
  #7  
Old 01-07-2005, 04:35 AM
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Location: Sunnyvale,Calif.
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I know this much..


I live in another state (California) but I think that the arrest part while being on probation basically runs along the same general lines. If a person is arrested while on probation or parole,if it is a warrant then usually a probation or parole "hold" will already be attached to the warrant & you cannot put up bail until the P.O. drops the hold. If a person picked up off the streets, then usually even if the facility where they are being held knows that they are on probation or parole ,won't issue a "hold" until the p.o. says to do so. If she has any bail set ,then get a bailbondsman & you usually have to put up 5% of the bail that is being asked for.But this still doesn't mean that after putting up the bail that she'll absolutely be released.Sometimes when being processed out, a P.O. will then slap that hold on the person,depending on the type of charges,the circumstances of the arrest & really how much they are "upset"at the probationee or parolee.
As far as letting her out for a day?No way,sorry to diappoint you but I've known people who they wouldn't let out for their Mothers funeral before.
If she has a nice P.O. then she can talk to him/or her .But if this is her 2nd violation then the P.O. might not budge & make her do a violation& go into a live-in program afterwards.
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  #8  
Old 01-07-2005, 07:47 AM
seniorjudge
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Quote:
Originally Posted by Nata
She was arrested for the braking a two year probation for the second time (she was called on and taken in for a drug an alcohol test which came out positive).

You must understand that you intend the natural and probable consequences of your own actions.

Thus, she chose to go to jail.
  #9  
Old 01-08-2005, 10:21 PM
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Question

Quote:
Originally Posted by cdkelley
I live in another state (California) but I think that the arrest part while being on probation basically runs along the same general lines. If a person is arrested while on probation or parole,if it is a warrant then usually a probation or parole "hold" will already be attached to the warrant & you cannot put up bail until the P.O. drops the hold. If a person picked up off the streets, then usually even if the facility where they are being held knows that they are on probation or parole ,won't issue a "hold" until the p.o. says to do so. If she has any bail set ,then get a bailbondsman & you usually have to put up 5% of the bail that is being asked for.But this still doesn't mean that after putting up the bail that she'll absolutely be released.Sometimes when being processed out, a P.O. will then slap that hold on the person,depending on the type of charges,the circumstances of the arrest & really how much they are "upset"at the probationee or parolee.
As far as letting her out for a day?No way,sorry to diappoint you but I've known people who they wouldn't let out for their Mothers funeral before.
If she has a nice P.O. then she can talk to him/or her .But if this is her 2nd violation then the P.O. might not budge & make her do a violation& go into a live-in program afterwards.
Is there any way to have the PO drop "hold" on probation, so the person can be bailed out of jail before the court date.
  #10  
Old 01-09-2005, 09:08 AM
seniorjudge
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Quote:
Originally Posted by Nata
Is there any way to have the PO drop "hold" on probation, so the person can be bailed out of jail before the court date.
Probably but do not count on it. Probation violators have demonstrated that they do not intend to co-operate; no one trusts them.
  #11  
Old 01-11-2005, 11:54 AM
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Question

How much are POs willing to cooperate?
  #12  
Old 01-11-2005, 12:04 PM
seniorjudge
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If probationers co-operate, probation officers will co-operate.

If probationers will not co-operate, probation officers will not co-operate.


You said that she does not co-operate:

"...(she was called on and taken in for a drug an alcohol test which came out positive)...."

She made the choice to go to jail and there she will stay.
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