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My husband had not been on probation at all but was put in Jail on a vop? How is that possible?

Enterprise, AL |
Filed under: Criminal defense

It was at his probation hearing to see if he qualified DA and attorney agreed to probation on a misdemeanor domestic with his ex but judge had issues. But was not granted probation yet so how can he be violated?

Attorney Answers 6

Posted

It may be that you don't know everything about your husband. I certainly don't know everything about my wife; keeps the marriage interesting.

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Posted

Your question is difficult to understand. I'm not sure what actually happened. A person can only be jailed on a violation of probation if they are actually on probation. Perhaps you don't have all the information.

San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy

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Posted

Maybe he violated his pretrial release or was on probation for something else.

This answer is intended to only provide general information and does not establish an attorney- client relationship. The information is not guaranteed as sound legal advice since most questions are very limited in nature. You may wish to consult with an attorney regarding your specific case.

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Posted

Perhaps the judge said or meant to say a violation of terms of bond or violation of PFA order. Sometimes we mean to say one thing, but something different comes out.

If, for example, there had been a "no contact" provision in his bond, and the judge was satisfied that there was contact made, it would explain the outcome if not the wording.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. IT IS NOT LEGAL ADVICE. The response given is based upon the limited facts presented in the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law in the States of Alabama and Nebraska. Responses are based solely on Alabama law unless stated otherwise. Attorney provides no information with regard to Federal Law except to contact an attorney who is experienced in the Federal Court of relevant jurisdiction. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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Posted

I hear this all the time. It usually means he finished his case and was put on probation. He either did not understand or intentionally never reported to his probation officer to start probation. You can not get a VOP unless you were on some form of probation.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

I would retain a qualified criminal defense lawyer immediately. He or she can call the clerk and DA and see what's going on. You cannot be violated if you are not on probation. Also, if he has plead guilty there should be no bond issues.

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