my friend was on probation for assault & resisting arrest; one day left on probation and they arrested her @ probation & charged her for assault & resisting arrest; Now wasn't she on probation for that in the first place and if she revoked her probation shouldn't she be charged w/ revoking her probation? About a week earlier she was arrested for a bad check but she knew nothing of it and it was actually the banks fault because the routing # was wrong on the check; does this have something to do w/her being arrested @ probation? Thanks for the input
132149
She would be charged with the original crime and may actually get charged for the check also, like the answer above there are terms and coditions that she must follow and if she and the bank can give proof that it was the banks fault and not hers then she may be able to resume her probation with a little extra time tacted on.
569022
well if she just got the order it probaly an emergency order. he should recieve his day in court in about a week.however these usually are civil matter which means she may have got the judge to grant her this on emotional abuse sounds like he doesn't need her anyway .However make sure he does not contact her in any way she can prove. in ohio the first time you violate it you can recieve 180 days second time it turns into a felony. so what state do you live in ?e-mail me if you like I actually have a cpo against someone and know a little bit about this stuff. What she has done is really cruel and ultimately makes it harder for people who really needs protection.
21663
Your question is a little vague.  What state did this happen in?  Are you (or are any of the occupants) of the vehicle on probation or parole?  Did you give permission for your vehicle to be searched?  Do you know why it was searched?  Were alcohol or drugs in the vehicle (or was there any indication that alcohol or drugs were in the vehicle?) When you say it was seized, are you referring to the police actually taking it away from you, or are you just saying it was seized while they searched it?  You ask what to do...depends on what happened.  Were you cited?  Arrested?  Was contraband of some kind found?  The issue of probable cause to search anything can often hinge on very small details...I'll suggest that you're going to have a difficult time finding cases that will assist you in getting an education.  You can try searching through FindLaw.Com and see where that gets you.  If nothing came of the search (nobody was arrested or cited or anything), then perhaps you want to consider complaining about the officer's action to his department.  If something came of it, and you're going to court, then you need to speak with an attorney.  I may be able to help you sort some of this out if you'd like, but we'd probably need to do that in email.  Post an address if you'd like...
40523
If you haven't been convicted, you don't have a crime.\n\nI've known convicted felons who have served as probation officers after they've served their sentences and been released and accumulated a good record of community involvement and service. Parole officer, I'm sure, has much stricter guidelines.\n\nThis is such a state-by-state, county-by-county position that no one answer can be definitive. I would recommend talking to a local judge for his view on this, and possibly his sponsorship toward these positions.
554716
I was jailed for 10 months for assisting an offender and perverting the course of justice. I lied to the police about the whereabouts of my then boyfriend who was wanted by the police. My boyfriend had stabbed somebody that beat up his sister badly and i covered up for him. I thought my sentence was pretty harsh and still do as hit and run drivers get a fine and 3 points even if the victim dies.I wasn't a danger to or harmed anyone.
3629
Usually a "failure to appear" warrant will not result in jail time unless you have many prior failure to appears and they can show a pattern or if the failure to appear is on a serious felony crime or a crime in witch you are out on bail. Now either way it will be better for you to turn yourself in. However do not turn yourself in on a friday as this may result in sitting in jail until monday. Also I would call the court clerk and try to reschedule an appearance before I turned my self in to show that you did make an effort. Oh yea it is also bad if the appearance is for sentencing. They really frown on ditching accountability. In addition by turning yourself in you avoid all the hassle of having your car towed away and impounded if you are pulled over while drving. Don't panic! Especially if this is a minor offense. The courts and jails are so jammed up with truly bad people they have no time or room to lock people up for minor offenses. Even if it seems really bad to you. I assume that it is minor because you don't seem to have much experience dealing with the law. I personally have been pulled over with a valid warrant and the officer just cited and released me. However I have also seen people get hauled in friday night and have to wait til the offices open up Monday morning to be released with nothing more than a new court date. Anyways good luck and stay low until Monday.
398811
What happened to you was an arrest.  An arrest is like Herpes, not everyone knows it's there, but sooner or later someone is bound to find out.  Your arrest record from PA will stay with you whether Misdemeanor or Felony.  There is no way for anyone to know if this was a felony or misdemeanor arrest.  Most theft classifications are dependent on the dollar amount of the merchandise taken.  Just beceause you were released doesn't mean it wasn't a felony. Most jails wont waste the money to house you if you aren't a serious risk for flight, or a danger to society. Keep something else in mind, a lot of states have laws that say if you are "convicted" of a theft, meaning you have been sentanced for a theft and you commit another one, it is an automatic felony.
422075
I am informed that this is not a conviction, but that the offense will show up on a background check for what it is, i.e., with the notation that adjudication was withheld.\n\nHere's a more complete explanation, from http://www.lawyers.com/ask_a_lawyer/q_and_a_archive/view_archive/index.php?QID=21-APR-05&site=537\n\n"Q.  What is "Non-Adjudication? If on probation under this terminology, what happens when taken off probation? \n\n"-- Anonymous"\n\n"A. \n"Non-adjudication refers to a disposition of a criminal case in which no final judgment is entered. It is the same as a withheld adjudication. In some states you are required to admit your guilt to obtain this disposition.\n\n"Either way, you will be given a specific period of time to complete a probation or community service program. There will be conditions attached, for example, you cannot commit another crime and you must pay supervision fees, and perhaps restitution. If your offense involved drugs, you may have to submit to random urinalysis.\n\n"At the end of the time period, if you are in compliance with all of the Court's terms, any guilty plea you entered will be withdrawn and the case against you will be dismissed. You will not have a record of conviction. If you did not enter a guilty plea, the case is simply dismissed.\n\n"In Florida, where you are from, a non-adjudication can occur either with or without a finding of guilt. The Court will consider the likelihood that you will reoffend, along with the welfare of the community, and then either find you to be guilty or withhold the adjudication of guilt. Either way, it will not impose a sentence but place you on probation.\n\n"If you are required to admit your guilt, and you subsequently are found guilty of another crime, a withheld adjudication will count as a prior conviction when the Florida court determines your sentencing guidelines. Thus, it is better to obtain a disposition of your case that does not require you to admit your guilt, if possible."
188248
He goes to court like I am assuming he did when he got probation. The judge will determine what provisions he did not comply with. Sometimes they do revocate them and send them to prison for some or all of the remainder of thier probation time. That does depend on alot of things, why he is on probation and what he didn't comply with. Like not paying his fees, etc..... but that doesn't always happen so just wait till he goes to court. Good luck not an attorney here either I do work for a prison and see alot of guys come in on a revocation.
382761
Chances are very good if he's already on probation.  It's up to the individual judge, but most cases I've heard of like this did get jail time.
379452
Try talking to her and finding out why she decided to violate you. And even if she does finish your class anyway and take another UA that way if you have to go in front of the judge you'll be able to show him that yeah you failed a UA but looked what I've done to try and get myself back on track. Another thing you could do is check yourself into treatment. Then by the time you have to go to court again they're not likely to do anything cuz you've made steps on your own to help yourself get better. Believe me I've been through all of it. Drugs Jail Probation its sucks! good luck.
487432
Are you sure it wasn't a DUI?  It seems like it should have been.  Did the officer give you a breath test or anything to determine your Blood/Alcohol?  Did he perform field sobriety tests?  If not then the judge will not know if you were impaired or if you were even over the legal limit.  Usually judges don't ammend charges anyway.  They make a decision on what the officer gives them.  They don't just go adding charges that can't be proven.
610197
Bench probation is standard in all misdemeanor cases, very rarely will you get in trouble for it. However in this case it appears they are aggressively pursuing the charge which I find odd for a drunk in public. I would say you are charged with PC 647 (f) disorderly conduct as with most misdemeanors you can be confined for a year with hefty fines. I think the reason your attorney is telling you to plead not guilty is to leave some room for plea bargaining. He may be able to plea away the drunk in public for a violation of probation, they may even want you to pay the disputed bar tab. I have never seen a drunk in public vigorously pursued before, they are generally a case of dry out and kick out, unless you are a repeat offender then treatment comes into play.
287432
The idea that he is being charged with a previous charge is not correct.  when a person is placed on probation/supervision(depending on the charge and the state)\n\nPart of a person's porbation is to abide by the law, not violate any other laws and to do what the original court order says.  \n\nOften times these orders say report to probation at their request, inform probation department of your current address, do randome urine drops, DNA testing(usually in ore serious cases)etc.\n\nWhen probation discovers that these elements have not beel followed, they issue what is called(again the "words" vary by state) a "petition to revoke".  this is sent to the prosecutor's office who in turn files it with the circuit clerk and a notice is sent.(possibly a warrant depending on how serious the origial crime was)\n\nthe probationer is called into court and if the state can prove any of the elements in the petition to revoke, the probationer can be re-sentenced on the original charge.  \n\nAs for how long he will need to serve...well the most he can be sentenced for is the maximum of the original charge.  Now of coruse he can also be charged/convicted of the new offense which may have a jail/prison term also, but most courts run sentences concurrently.
500993
If bail is an option, they may let him out on his own recognizance. If it is treated the same as a Violation of Probation, he may have to stay in jail till his court date.\n\nGood Luck to you both. However keep in mind that driving on a suspended license is illegal for a really good reason. Needing to drive for work is not a valid reason. If he had bit the bullet & paid all the fees, he would not have this problem. (Don't tell me he could not afford it as I paid my fine on time & got teh windshield replaced with an under poverty income.) He could have hired a driver for this period or asked friends for rides, or use the bus? I had to do that for 2 months while my car was laid up. I cost me no more than the gas would have cost.
168594
well im on probation and i failed a drug test when i first started my probation period, what happened to me was i got a warning for the first dirty test and i haven't had a second, alls i can tell ya is don't have another one dood,generally they give ya one freebie..at least where i live they do cause i know other people who have had a freebie too...good luck and stay outta trouble til ya get off probation!!
540839
Everytime I get arrested(which is quite often and matter of fact the last time was Wednesday...Just got out Thursday morning) I have my "First Apperance"(which is usually held inside the jail somewhere) the next day or two, which at First Apperance they give you the chance to bond out and sentence you. You don't get your 'real' court date(in the courthouse) until at least two weeks later, but sometimes it can take up to a month or more. It sounds like what happened to your friend is 1) He couldn't make bond 2) They didn't issue him a bond, which means he has to stay till his 'real court date' at that time they will either give him time served and let him out or give him probation or 3) He already went to court and has to do his time period