Legal Question in Criminal Law in Missouri

unsupervised probation

My husband is on unsupervised probabtion, recently I was being placed under arrest for suspicion of DWI. While the cops were placing me under arrest they were trying to detain my husband. They said he was resisting arrest because he stiffened up as they were putting the handcuffs on him. Therefore they took him to jail for resisting arrest. They didn't fingerprint him and only gave him a summons to appear in court. My ? is , is this a violation of his probabtion and if so will he be facing any jail time?


Asked on 9/16/08, 11:26 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: unsupervised probation

Normally, any violation of law, or even an arrest, may result in the probation officer seeking a revocation of someone's probation. This is up to the individual probation officer. A person who is on probation and who gets arrested and who's probation officer seeks the revocation of that person's probation based upon that arrest is entitled to a hearing on the revocation. In many cases, if the person hires an attorney, the attorney can avoid the person being revoked or being incarcerated. everything depends upon all of the facts that are specific to your husband's case. I would definitely suggest hiring an attorney if he does not already have one. Good luck.

Read more
Answered on 9/16/08, 12:45 pm


Related Questions & Answers

More Criminal Law questions and answers in Missouri