Legal Question in Criminal Law in California

violating probation

while fighting his violation,p.o. states my son refused drug test, arresting officer never requested a drug test, arrest was for ''controlled substance'' my son is fighting this, but was just hired for a permanant job. can we get him out while he awaits court date of 11/29/06?


Asked on 11/03/06, 3:22 pm

3 Answers from Attorneys
Law Office Law Office Law Office

Re: violating probation

Well this is what you need to do; go in to court and ask if he can be released on O-R. If they don�t grant that have them reduce the bail and then you have to pay it. Our law office is skilled in doing these things and we could do this for a very LOW cost. Does he already have a lawyer?. Please e-mail me back. Our number is 760.243.5121

Thanks and God Bless.

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Answered on 11/04/06, 5:00 pm
Daniel J. Mangan III JuryTrialJustice

Re: violating probation

Cannot answer the release issue with the info provided as some courts will and do hold felony probation violations without bail..meaning no way out of custody. Your sons release pending ajudication probably requires a formal bail/O-R hearing...furhter complications appear as your question seems to indicate a new charge in addition to the violation??? The possession charge could be appropriate for drug treatment in lieu of jail, but an independent probation violation on a non-drug related offense may make that option more difficult....

Best to have counsel for your son ASAP.

DJM

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Answered on 11/03/06, 4:44 pm
Terry A. Nelson Nelson & Lawless

Re: violating probation

Pay the bail. If it is 'no bail', hire an attorney to petition the court to set or reduce bail. Feel free to contact me if interested in doing so.

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Answered on 11/03/06, 6:01 pm


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