Legal Question in Criminal Law in Michigan

My son is on probation and has been arrested for violating probation. He has been in jail since friday night saturday morning. I have called to check on him, they will not relay any messages and he has not been able to call home. dont he get a phone call?


Asked on 1/08/12, 5:02 pm

2 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

Hire an attorney to visit him in jail and defend him in the VOP allegation. http://www.oaklandcountydefenseattorney.com/Criminal-Defense/Probation-Violations.aspx

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Answered on 1/08/12, 7:43 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The jail will hold him until he is arraigned on the probation violation by a judge. During a work week, that would be the following day. But when weekends and holidays are involved, it may take days until the next court day comes open. The judge has already approved the PV warrant based on allegations provided by the probation department, so there has been judicial review.

This is unlike the situation of a person who is not on probation but who is arrested on a new charge; here, the person can only be held only up to 48 hours before being arraigned (when a bond amount is set by the court) or released ... so the clock is ticking for the police to get reports to the prosecutor and the prosecutor to decide on issuing charges. Many low level misdemeanor charges (shoplifting, property damage, drunk driving) can result in the jail setting an interim bond amount so the person can theoretically get out of jail in "minutes". But new felonies and domestic violence arrests require prosecutor charging review AND court review for cases where charges are issued before bond levels are set.

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Answered on 1/09/12, 8:44 am


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