Ask Me Help Desk - VOP arrest for missing a PV Hearing that didn't know of

Yes my boyfriend failed a drug screen in February 2009 and was told by his PO that he would have to be brought back to court for the violation, well the following month passes and he says nothing of the violation then in march he makes him sign papers and tells him that they are proof showing that he knows he is in violation and that he would have to go back to court. My boyfriend asked when will he know of the court date, and his PO said they will send it to him in the mail! So April, May, June, July, and into August. And every month he continues to report to his PO and pay his fees. Stays out of trouble, but he got his names run through the system by police after they answer to a domestic call made by a neighbor of ours right as the police are about to leave seeing as there was no cause for worry at our house, just an argument that got too loud. They are told he has a warrant out for violation of his probation and it has been active since April 2009. He is now in jail scared, and confused and his sister spoke with his PO and asked could he get a bond set so he could post bail, because the judge said they would post bail after his PO called their offices to verify that he had no hold on him. Now his sister spoke to his PO before calling the Judge that day and his PO said he had no hold on him, but then she calls again to find out why he hadn't called the judge yet and agreed to a bond, and the PO says he is going to keep him in Jail for two maybe three weeks! HOW is this right? If he had a warrant out for an hearing for violation of his Probation would his PO have known? Wasn't his PO supposed to appear in court for his violation? If so why did he continue to let my boyfriend report every month like normal without saying anything to him or having him arrested, but now that his name got ran and showed he had an active warrant he wants to hold him in jail without bond! He is a first time offender, quiet timid, hardworking person who does nothing more than his carpentry work, granted he messed up once this year but has been doing everything he can to show he wasn't going to repeat it. The judge was about to set a bond, but then he said he didn't want to give him a bond but to punish him and make hims stay up to three weeks even though he should have known about the contempt of court right? Is there anyway to get him out on bond until his hearing? Please help

Hello c:

He's going to need a lawyer to do it... Don't probation officers suck?

excon

Quote:

Originally Posted by chakalatebunny

Yes my boyfriend failed a drug screen in February 2009 and was told by his PO that he would have to be brought back to court for the violation, well the following month passes and he says nothing of the violation then in march he makes him sign papers and tells him that they are proof showing that he knows he is in violation and that he would have to go back to court. My boyfriend asked when will he know of the court date, and his PO said they will send it to him in the mail! So April, May, June, July, and into August. And every month he continues to report to his PO and pay his fees. Stays out of trouble, but he got his names run through the system by police after they answer to a domestic call made by a neighbor of ours right as the police are about to leave seeing as there was no cause for worry at our house, just an argument that got too loud. They are told he has a warrant out for violation of his probation and it has been active since April 2009. He is now in jail scared, and confused and his sister spoke with his PO and asked could he get a bond set so he could post bail, because the judge said they would post bail after his PO called their offices to verify that he had no hold on him. Now his sister spoke to his PO before calling the Judge that day and his PO said he had no hold on him, but then she calls again to find out why he hadn't called the judge yet and agreed to a bond, and the PO says he is gonna keep him in Jail for two maybe three weeks! HOW is this right? If he had a warrant out for an hearing for violation of his Probation would his PO have known? Wasn't his PO supposed to appear in court for his violation? If so why did he continue to let my boyfriend report every month like normal without saying anything to him or having him arrested, but now that his name got ran and showed he had an active warrant he wants to hold him in jail without bond! He is a first time offender, quiet timid, hardworking person who does nothing more than his carpentry work, granted he messed up once this year but has been doing everything he can to show he wasn't going to repeat it. The judge was about to set a bond, but then he said he didn't want to give him a bond but to punish him and make hims stay up to three weeks even though he should have known about the contempt of court right? Is there anyway to get him out on bond until his hearing? Please help

Your boyfriend failed a drug screen back in February and knew about the hearing having signed paperwork to that effect. Even though the PO said he'd get something in the mail and didn't means nothing.

You don't want to hear this but your boyfriend should have been johnny on the spot and called the clerk's office himself to find out when the hearing was scheduled. The onus basically is on the offender, not the PO or the judge about a scheduled hearing date and time. If he knew one was scheduled in the near future, he should have checked or asked the PO when he saw him each month - not just keep reporting thinking the court forgot about it which seems to be the case here. Your boyfriend should have been the one to bring up the topic of the hearing - not waiting until the PO did as obviously they are not concerned about him, they are concerned about doing their job and that does not include holding your bf's hand.

The judge at this point is not interested in the fact that the boyfriend did or did not receive notification of the hearing. He just knows that the boyfriend did not show up at the scheduled hearing. If he makes him stay in jail for 3 weeks those 3 weeks will go towards any jail time that the judge may or may not sentence him to for the violation.