1. I just got a call from a friend of my son's. They were stopped last night on the way back from dinner. when the officer gave the driver a warning, he said it was for following too close. she said there weren't any cars in front of theirs?? but the officer checked all the passengers ids. is this legal? #2. my son is on probation for a DUI and the officer said there was a warrant on him, which he knows nothing about, and so he was taken to jail and can't get out. Since this is a violation, can you give me some idea of what will happen? He is in Cartersville, GA and I am in Orlando, FL. thank you, very much.
According to what the violation is for, he could be facing serious jail time on a revocation of his probation (up to the balance of his probation time left). Since he is on probation, he is also going to remain in jail until the probation hearing unless something is done to get him out now (e.g., probation bond or dismissal of the warrant for compliance, etc.). Your son needs retained counsel to attempt to get him back out before the holidays. A public defender is not likely to attempt any movement on the case prior to the court date on the revocation, which is likely to be several weeks from now. If I can be of assistance, call me at 678-334-1399.
You will have to post a bond on the probation violation in order to get him released from jail. Bond will be set once he is arraigned. Find a bond company in Cartersville. I'm sure they can take your payment over the phone and they will post the bond as soon as it is on the system. Once he is released, he is going to need to hire an attorney to represent him on the PV. He will be given written notice of the grounds for the violation and he and his attorney can address those from there.
As far as the underlying traffic stop, it sounds like he will be in a swearing match with the officer about whether it was valid. It's really irrelevant as to the probation violation itself. And yes, the officer has the right to ID all of the passengers in the vehicle.
What will happen depends on the nature of the violation and the reason for the warrant. If he merely failed to report or complete some aspect of his probation, it is possible that he may be given the opportunity to resolve the issue without any additional punishment. However, if the warrant was for failign to appear at court on a new offense, then he will be dealing with that case and the probation violation. Find an attorney where your son is to help. Good luck.
This has to do with the reason for the warrant, rather than the stop.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
I doubt that this particular incident counts as a violation.
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