Please help, Im so confused...

[Zigner]

I am writing this for a friend from Boston,MA. My friend been on probation since she was 15. Probation ends 11/01/2018. She is 17 now. Her first charge was paused until she commits any crime similar to that crime to where they can bring it back up. She was given probation for an aggravated assault charge. put in a bracelet for 2 months. After she violated 3 Times But For Things so Petty they surprisingly slapped her on the wrist. Going through something’s lately she decided to leave home for a few days and stay with a friend. She was issued a warrant for her arrest from her PO. Its been a week and they showed up to get her at her house last night. What happens after this ? After being picked up on the warrant where does she go? How long will it be before she sees a judge and also how long is the period before the second court appearance? can they hold her that whole time? if she is released before the second appearance what will most likely happen?. I'm asking a lot of questions I know , but I am just really curious. please don't judge in any way I would just appreciate as much help as you can give (I know nobody is an expert).

This really isn't your matter to be involved with. Your friend can discuss the matter with her attorney.

 

[Lelepons2345]

This really isn't your matter to be involved with. Your friend can discuss the matter with her attorney.

I'm sitting with members of her family that also don't know what's going on who want to know these answers ... who prompted me to ask since I had an account here.

 

[PayrollHRGuy]

Her family should talk to her lawyer. If she doesn't have one they need to get her one.

 

[Zigner]

I'm sitting with members of her family that also don't know what's going on who want to know these answers ... who prompted me to ask since I had an account here.

What I posted above also applies to the members of her family. They should speak with her attorney.

 

[quincy]

I am writing this for a friend from Boston,MA. My friend been on probation since she was 15. Probation ends 11/01/2018. She is 17 now. Her first charge was paused until she commits any crime similar to that crime to where they can bring it back up. She was given probation for an aggravated assault charge. put in a bracelet for 2 months. After she violated 3 Times But For Things so Petty they surprisingly slapped her on the wrist. Going through something’s lately she decided to leave home for a few days and stay with a friend. She was issued a warrant for her arrest from her PO. Its been a week and they showed up to get her at her house last night. What happens after this ? After being picked up on the warrant where does she go? How long will it be before she sees a judge and also how long is the period before the second court appearance? can they hold her that whole time? if she is released before the second appearance what will most likely happen?. I'm asking a lot of questions I know , but I am just really curious. please don't judge in any way I would just appreciate as much help as you can give (I know nobody is an expert).

Your friend's probation can be revoked and the original sentence for aggravated assault imposed, without credit for time spent on probation.

Your friend is making a lot of really poor choices. She needs an attorney to help her untangle the mess she has gotten herself into. Jail time is a possibility.

 

[Lelepons2345]

Your friend's probation can be revoked and the original sentence for aggravated assault imposed, without credit for time spent on probation.

Your friend is making a lot of really poor choices. She needs an attorney to help her untangle the mess she has gotten herself into. Jail time is a possibility.

thank you for your answer, is there a possibility of her release ? and from the time arrested to first appearance to a judge is it 1 or 2 days?

 

[quincy]

thank you for your answer, is there a possibility of her release ? and from the time arrested to first appearance to a judge is it 1 or 2 days?

I suspect she will be sitting in jail for awhile. She has already shown herself to be less than reliable while on probation.

She needs an attorney. Her family can help with the costs of hiring one.

 

[Mass_Shyster]

Her probation officer has accused her of violating the terms of probation. When that happens, the court can issue a summons or a warrant. If they issue a summons and she doesn't appear at the appointed time, they'll issue a warrant.

In general, she'll be brought to court immediately. Her PO may ask for her to be detained, or may simply ask for a final Violation of Probation hearing date. She will likely be appointed an attorney, particularly if there is a detention request.

A final violation of probation hearing will be scheduled. If she's detained, that will happen within 30 days. If she's not detained, it will be scheduled "in due course" - usually 45 to 90 days.

At the final hearing, the judge will hear evidence and determine if there is a preponderance of evidence showing that she violated the terms of her probation. If she is found in violation, the judge can sentence her up to the maximum (two and a half years for A&B), can reprobate her under the same terms and conditions, can reprobate her under new terms and conditions, or can terminate her probation and discharge her.

Since they arrested her last night, she should be brought to court today. In fact, she's probably already been brought there by now.

BTW, if the judge detained her but scheduled a short date for the next appearance (like later this week), that's a good indication that the judge wanted to scare her with a few days in jail and will release her at the next appearance.

 

[Lelepons2345]

Her probation officer has accused her of violating the terms of probation. When that happens, the court can issue a summons or a warrant. If they issue a summons and she doesn't appear at the appointed time, they'll issue a warrant.

In general, she'll be brought to court immediately. Her PO may ask for her to be detained, or may simply ask for a final Violation of Probation hearing date. She will likely be appointed an attorney, particularly if there is a detention request.

A final violation of probation hearing will be scheduled. If she's detained, that will happen within 30 days. If she's not detained, it will be scheduled "in due course" - usually 45 to 90 days.

At the final hearing, the judge will hear evidence and determine if there is a preponderance of evidence showing that she violated the terms of her probation. If she is found in violation, the judge can sentence her up to the maximum (two and a half years for A&B), can reprobate her under the same terms and conditions, can reprobate her under new terms and conditions, or can terminate her probation and discharge her.

Since they arrested her last night, she should be brought to court today. In fact, she's probably already been brought there by now.

BTW, if the judge detained her but scheduled a short date for the next appearance (like later this week), that's a good indication that the judge wanted to scare her with a few days in jail and will release her at the next appearance.

thank you so so so much for your reply. if she gets out with a bracelet does it get put on right away or can it be within a few days?

 

[PayrollHRGuy]

Considering the circumstances I doubt that if she was going to have to wear one they would let her out without it.

But this, like many of the answers in this thread, is an assumption because none of us know the whole story and neither do you.

 

[eerelations]

thank you so so so much for your reply. if she gets out with a bracelet does it get put on right away or can it be within a few days?

And why would that make a difference?

 

[Mass_Shyster]

thank you so so so much for your reply. if she gets out with a bracelet does it get put on right away or can it be within a few days?

If she "gets out with a bracelet", they won't let her out of the courthouse until the probation department fits her with a bracelet. She may end up being held until one becomes available.

 

[Just Blue]

Hey Folks....Could you all stop indulging the kid posting? Because s/he should not. Px Hx.

 

[Zigner]

Not just rude, a liar to boot!

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/violated-probation-got-warrant-638028.html