[michellet12]

How long can a judge post pone your day in court ? My son had a court date their was a warrant for his arrest, they arrested him on the spot. They gave him a court date for a week later, he was on the court calender the D.A. nor the public defender knew nothing about him they left him in holding all day long then the judge just postponed it for another week.

[Fr_Chuck]

What was the charge, he should have first appearance, but for the trial we have people that take months to actually get to trial. Have they set bail yet

[michellet12]

Violation of probation yes there is a bail we don't know yet because he was never seen on his court date.

[JudyKayTee]

Violation of probation yes their is a bail we dont know yet because he was never seen on his court date.

Should be combined with other question(s)

[divadev]

Was your son arraigned (been advised of the charges and read certain rights). If he was not arraigned, there are very strict time parameters depending upon the state. If he was arraigned, he can be kept incarcerated until the date of his trial.

[excon]

Hello:

If he in jail on a probation violation, he can be kept indefinitely.

excon

[excon]

I see the question has been altered so that is now more complete. I'm afraid the notion that a person can be kept indefinitely on a probation violation is incorrect, the Sixth Amendment to the U.S. Constitution requires that a "speedy trail" be provided to anyone accused of a crime. In my state this was held to be 180 days, I was a parole and probation officer for 7 years and one of my offenders, Kevin Lewis Cox,

Hello again, m:

Jim Gunther promotes his days as a probation officer as the very reason he knows what he's talking about.

In fact, his days as a probation officer are the very reason he gets confused about these matters. There's no accounting for the rudeness, though.

That when a person is held on a probation violation, he NOT subject to the Sixth Amendment, in that he isn't accused of a crime - he's accused of violating his probation rules. He's already been accused of a crime, and been convicted of that crime.

Therefore, his probation is POST conviction. He WAS sentenced to prison. Part or all of the sentence was suspended pending completion of a period of probation supervision. But, until his release, he is living under a prison sentence. There are certain rules the prisoner/probationer must abide by IN ADDITION the law. If he violates those rules, he may be put in jail until the end of his sentence. Yes, there will be a hearing before a judge, but there IS NO time frame in the law WHEN this must happen.

It IS true that when a probationer has NEW charges, his Sixth Amendment rights DO apply concerning those NEW charges. He WILL be granted a bail on those NEW charges... However, even if he puts up bail on the NEW charges, his probation violation will prevent his release from jail.

I also see that Jim Gunther throws about the names of HIS former charges. If MY probation officer did that, I'd sue him blind. I hope Kevin Cox is reading this.

excon

[JudyKayTee]

I see the question has been altered so that is now more complete. I'm afraid the notion that a person can be kept indefinitely on a probation violation is incorrect, the Sixth Amendment to the U.S. Constitution requires that a "speedy trail" be provided to anyone accused of a crime. In my state this was held to be 180 days, I was a parole and probation officer for 7 years and one of my offenders, Kevin Lewis Cox, committed 21 new offenses, including robbery, assault and home invasion, but was released because the Baltimore State's Attorney's Office didn't get the case together in time. This was all over the papers.

By the way, a judge does not postpone a case except in rare circumstances, one side or the other must request a postponement. A person's case is placed on the court docket shortly after they are charged with a crime and people who are detained on a new charge are commonly offered a bond review hearing within a few days.

I hate it when Excon gets there first but while I was reading/digesting - there's Excon! While I'm pulling out the Sixth Amendment to see if I misunderstand...

I am once again amazed by the differences in States. In NYS a PO is not allowed to even acknowledge the names of any of his offenders. I have handled an investigation where the PO for whatever reason was interviewed by the newspaper and quoted and is now being sued by the "alleged violator" and has been suspended.

Obviously different in different States -

I'm sure Kevin Lewis Cox is none too thrilled. Wonder if he's reading?

As far as offensive - posts have been pulled on several occasions and threads closed due to his offensive language and insulting comments.

[Fr_Chuck]

Yes, in a probation violation, he has already had his trial, and was found guilty, all that happens in the violatoin is the Court having a hearing on admending the sentence. And in fact even on speedy trial, this is often not a case even on new trials if the person is out on bail, but used for those being held that did not make bail, unless the defendant presses the issue. In GA you can be in jail for almost a year pending your trial and it has not been a violatoin of right to speedy trial.
Also if there has been motions by the defense that has to be addressed, often this may be considered by the court as a reason to extend the lengh for speedy trial.

Now does it stop the DA from droping charges and latter recharging at a latter date if evidence was the issue

[JimGunther]

In my state a violation of probation hearing is given all the protections of the criminal justice system because though it is civil in nature, it carries criminal penalties. PO's in my state are permitted to mention the names of probationers and the crime they are on probation for. The rest is confidential. As I said, the particular case I mentioned was all over the newspapers because of the seriousness of the offenses and the fact that the case against the person had to be dropped. New federal charges were later brought, however.

[JudyKayTee]

In my state a violation of probation hearing is given all the protections of the criminal justice system because though it is civil in nature, it carries criminal penalties. PO's in my state are permitted to mention the names of probationers and the crime they are on probation for. The rest is confidential. As I said, the particular case I mentioned was all over the newspapers because of the seriousness of the offenses and the fact that the case against the person had to be dropped. New federal charges were later brought, however.

Are you addressing the Sixth Amendment?

You are the 7-year PO and you are in Maryland so you know State Law but I find it very difficult to understand why a PO is allowed to "discuss" the case (complete with the number of offenses - 21) on the Internet. You aren't discussing what you read in a newspaper or sw on the news; you are discussing from personal knowledge.

Again - different States, different rules.

[JudyKayTee]

No I wasn't, the posts speak for themselves. I gave an example of a case that was dropped because of the lack of a speedy trial.

Time to lock down the thread.

[Fr_Chuck]

Yes, enough trouble on one thread, POST closed