Legal Question in Criminal Law in Louisiana

If a person is on probation, while on probation, was incarcerated again. However, ALL charges were dropped in court yesterday. He was arrested on August 17. Probation was due to end on September 12. He had atleast 5 counseling sessions left to satisfy his probation, now that the charges against him have been dropped, they want to hold him for probation violation because he did not get the opportunity to finish his counseling due to being incarcerated. How is this possible since he was not able to finish them while being in custody. Please help...


Asked on 9/25/12, 7:21 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

There is a probation revocation hearing at which he can make his argument. The arrest alone was enough to trigger a probation revocation but the judge will consider that the charges were dropped in determining whether to revoke. Communication is essential in these cases.

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Answered on 9/27/12, 4:22 pm


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