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    satindove1974's Avatar
    satindove1974 Posts: 2, Reputation: 1
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    #1

    Apr 18, 2008, 09:40 AM
    Probation violation 1st offense
    My friend is on probation and got violated for the first time for obstruction of justice(1st offense ever) and a DUI(1st offense ever)but he also got charged with assault on a family member, which will be dropped by that family member before his court date for it. Does he qualify for a bond hearing? And can they reinstate his probation after his assault charge is dropped?:confused:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 18, 2008, 09:44 AM
    Quote Originally Posted by satindove1974
    My friend is on probation and got violated for the first time for obstruction of justice(1st offense ever) and a DUI(1st offense ever)but he also got charged with assault on a family member, which will be dropped by that family member before his court date for it. Does he qualify for a bond hearing? and can they reinstate his probation after his assault charge is dropped?:confused:

    The family member can't drop the charge - the charge is now the State vs your friend, not a family member vs your friend.

    He seems to have violated without the assault charge so, no, no matter what happens with that, they don't have to automatically reinstate his probation.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Apr 18, 2008, 12:45 PM
    He has to go to a probation violating hearing and the judge will have to decide what to do with him whether he reinstates the probation or has him do some time in jail.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 18, 2008, 02:49 PM
    They may allow a bond till the probation hearing.

    But also who ever told you that the person could just drop the charges, are they going to go and lie and say it never happened. No, they may ask the DA to drop but the DA does not have to. And even if they drop the charges, the judge could still revolk the probatoin because of it.

    But obstruction, DUI and assult, they have to worry about those charges more than anything, with them already on probation.

    They have a very very serious need for an attorney before any court dates or hearing dates
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