I received a letter from someone i have charges against. This person in currently serving time after a VOP, and is incarcerated under the same charge i have against him. I was assuming that i was still protected by a No Contact Order, but he seems to think he is allowed to contact me. Does the technical fact that he has been resentenced remove the no contact provision? Is this something that has to be soecifically addressed at re-sentencing?
Criminal Defense Attorney
There may have been a no contact order originally when judge set bond. When the defendant got sentenced, he may have been ordered to not have contact with you during the duration of the sentence. You will need to contact the probation officer, state attorney or get a copy of his original sentencing dispo.
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Divorce / Separation Lawyer
I agree with my colleague. There is no way of knowing without seeing the court paperwork.
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Criminal Defense Attorney
Your question needs some clarification if you would like an answer that is the best one which can be formulated in response to it. First of all, has he been sentenced on the VOP as a consequence of a new arrest in which you are the alleged victim, which resulted in his P.O. filing a violation, which is a sustantive violation arising as a consequence of the new case? Were you the alleged victim in the case with respect to which he was originally placed on probation. Did the terms of his probation in that matter contain any no contact or stay-away order with respect to you, or did the no contact/stay-away Order first come into being during the pendency of the "new" case which resulting in the Violation being filed by his P.O.? Last, as I understand it, he has not yet been sentenced with respect to the new case. Please clarify if these assumptions are all correct, and clarify any which are incorrect. I can tell you that if the court closed out both cases and made not reference to the Order already in existence to which you have made reference remaining in full force and effect, or, alternatively, if no corollary Order was made part of his new sentence, then he is free to contact you at his leisure (unless one or both of the underlying cases has a count which would encompass a prohibition of this sort, such as a violation of an injunction against domestic violence and so on.
How about some clarity? Did you ask your dog to jot down some notes or what?
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