I was on misd probation and was arrested near the end of the term. The charges that I was arrested for were dropped and the VOP has not. I was placed on house arrest as part of bail for the VOP. The hearing has been continually postponed for witness calendar issues and it is just over 11 months now. I have a wife, kids and this is wrong.
At what point is this just undue prejudice? I am told that I get no time served for the house arrest monitor and did not violate any law in the first place for the VOP. Is there anything I can do? Please, any advise or help is appreciated.
Do you have a private lawyer? If so, have your lawyer push the issue with the judge. But in some cases, delay is better because evidence and witnesses' memories tend to degrade over time. I know you want to move on with your life but if you have private counsel they may very well have a reason. If the State is getting continuances and no one is asking why or pushing the issue then you may have reason to gripe. If you have a PD, i would suggest you hire a private lawyer as they have more time to work your case. Good luck to you!
Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. 407-588-6714 firstname.lastname@example.org
Personal Injury Lawyer
I agree that you need to seek legal counsel ASAP. Two things, even though the underlying offense which formed the basis of the VOP was not prosecuted, the Court can still proceed with the VOP. Secondly, from your question, it appears you also violated a condition of your release on the new charge. That can also provide grounds for violating your probation, depending upon the reasons.
Your attorney needs to contact both your PO and the State Attorney assigned to your case. Best case scenario is that you remain on probation to complete any monetary or other conditions of your probation.Please contact me should you wish to discuss further.
Robert E. Heyman, Esq.
Criminal Defense Attorney
If you were prepared for the evidentiary hearing you should have objected to the continuance. An attorney would be beneficial to you in this matter. If you do go to a hearing and the court exonerates you then you should get credit for this time spent in VOP status towards your original probation term. Be advised though that the evidentiary and proof standards are significantly different in a VOP hearing as opposed to a trial by jury.