Legal Question in Criminal Law in California

Probation violation and hold on bail

My wife is facing a violation of felony probation on drug charges, and now is in jail with a hold on bail put initially by PO, and later by the judge. Now my question is it true that the hold on bail can never be lifted?

If it can be lifted, how?

Her PD keeps on telling her that it is impossible to lift the hold.

I need some answers, could any of you please give me an answer or guide me a law book or website where I can get this answer.

Your usual advice to contact a lawyer won't help me. Thank you in advance if you decide to help me rather than looking for business.


Asked on 12/28/06, 4:27 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Probation violation and hold on bail

Assuming your question relates to your wife being held without bail..cannot post bail...it is legal in a felony probation violation setting, and can be addressed in a motion for an O/R or bail reduction. Also important is whether or not treatment is an option.

Issue are the usual for bail hearings...seriuosness of the offense, ties to the community, flight risk, possible sentence...etc...

Possible/impossible comments may relate to the particular Judge in question...there are some who rarely, if ever set a bail for felony probation violations. Other possibility is that there is an out of county hold and that cannot be addressed by the court.

Holding people without bail, while common, really is unnecessarily punative when treatment is an option and this may be the best avenue to explore.

Good luck to you and your wife.

DJM

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Answered on 12/28/06, 6:05 pm


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