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

Asked 6 months ago - Enterprise, AL

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)

  1. Brian Joseph Lockwood

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more
  2. Randy William Ferguson

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  3. Randall Blake Tolley

    Contributor Level 11

    Answered . 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.

  4. Philip Rosmarin

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

  5. Jay Scott Finnecy

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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
  6. Valarie A McNeice

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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... more

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