My husband is being held in jail for probation violation, but he has never received any documents in 40 days. We have proof of prosecutorial and judicial misconduct, which caused him to plea in 2005. He was never found guilty, but did almost 3 years in prison before released on judicial release. Our motions to vacate were filed in May 2008, and he is yet to have a court date to hear motions. They just keep harassing him and giving him violations. How long can they hold him without revocating him or dealing with the misconduct issues?

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Originally Posted by Harris888

My husband is being held in jail for probation violation, but he has never received any documents in 40 days. We have proof of prosecutorial and judicial misconduct, which caused him to plea in 2005. He was never found guilty, but did almost 3 years in prison before released on judicial release. Our motions to vacate were filed in May 2008, and he is yet to have a court date to hear motions. They just keep harrassing him and giving him violations. How long can they hold him without revocating him or dealing with the misconduct issues?

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Did he violate probation or are these trumped up charges? What documents are you waiting to receive? Formal charges? Has he been arraigned?

Not unusual in my area to file a Motion in May 2008 in criminal court and still be waiting for a date in November.

There are no new charges. Yes, there is a alleged probation violation; however, when we showed-up for Hearing to Revocate (10/22) and our Motion to Vacate, the prosecution claimed they were not prepared for the Motion to Vacate (even though they answered it over 7 months ago), but they arrested him that day. Our attorney was being generous, and agreed to a continuance. Our second hearing was supposed to be last week November 25, but our attorney had to file a continuance because she became very ill (I saw the medical excuse.) The next hearing date is now December 19, but the docket only shows Revocation Hearing. As far as documents, should he receive something from the probation office to notify him what he has violated? The judge set a bond a week before his hearing, but had I not told him, he wouldn't even know.

We have an attorney, and she is good. I am just frustrated with the injustice that has and continues to occur. I am looking everywhere for some guidance.

Hello H:

You have several issues going on here.

One apparently has to do with his plea, and whether he SHOULD be on probation at all. That is a separate issue from the violation, because he IS on probation whether he should be or not.

You're going to have to deal with them one at a time. I doubt any motion to withdraw his plea will be heard at a revocation hearing...

But, there's a lot of stuff going on here. I couldn't give you any advice that's worth a damn except to listen to his lawyer.

excon

There is a LOT going on here, and when it's all over, I'll tell you all about it! Your response brings me peace because I know we are untangling a real mess! So to have a complete stranger pick-up what I put down in just a few paragraphs gives me hope.

The best part is we are a strong united front, and we found an attorney willing to fight for justice. I have been trying to untangle the unjust-web for a couple years now and each day brings us closer to the end.

Thank you, again, for giving me hope... one issue at a time.

Mrs. H

The issue is that to be on probation and to have served 3 years someone had to be found or plead guilty of something.