My fiancé was on probation in Philadelphia County from 1/2012-1/2013 when he signed off. During that period he got pulled over for a dui (3/2012) in another county. He went to all his court hearings up until we received a letter from the DA's office stating the DUI had lack of evidence due to the police not properly calibrating the breathilyzer and the case would be thrown out. He then did not go to the last hearing under the impression the case was dismissed. A bench warrant was then issued for his arrest. He was picked up 9/12/2013 in the county where the DUI was and released on ROR. Philadelphia then picked him up a detainer. He has now been sitting in Philadelphia since and went to a probation violation hearing and said they will continue to hold him there until the DUI case is finished. Even though it is getting thrown out and the county that arrested him released him and his probation in philadelphia ended in 1/2013. How long can they hold him for this? His call of the list hearing for the DUI is 10/24/13 & sentencing hearing may not be until December. Is this legal? How did he violate if there were no new charges? Please some advice would help!

When we got the DUI did he tell his probation officer about it ? But yes, even if thrown out of court the evidence needed at the VOP hearing is less than a court trial. And if there is a court date, of course he has to go, he should know that.

But probation stops (freezes) once there is a violation, so the DUI will have stopped his probation and he could not have been released until the DUI was cleared.

Hello m:

I disagree with my friend, the Padre. A violation only IS a violation IF one is CHARGED with a violation... If it's discovered AFTER he has been released from probation, they LOST their chance to violate him.

Secondarily, if he was told that the DUI charges would be dropped, he should NEVER have been arrested...

But, in the legal system, just because something SHOULD be one way, doesn't automatically mean it gonna BE that way. He needs somebody to MAKE it happen, and that would BE an attorney.

excon