The charge was dropped, but the probation violation hold is still intact?

Asked over 1 year ago - New Orleans, LA

My boyfriend was in Orleans Parish Prison due to a "Possession of a Firearm by a convicted felony" charge. Last week, the charge was refused/dropped. Although, he still has a probation violation hold from Jefferson Parish. How do I get the hold removed since the charge never was implemented? I've called the central lock-up and they said that they need papers from Jefferson Parish in order to release him. I know I need to get in contact with the probation officer, but what do I need to say exactly?

Attorney answers (3)

  1. Franz Nicholas Borghardt

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Only the court or probation officer can lift such a hold. Contact a criminal defense attorney. If the charges weren't prosecuted then it might be possible to lift the hold.

  2. Rachel Elizabeth Wentworth

    Contributor Level 12

    2

    Lawyers agree

    Answered . You should contact an attorney from Jefferson Parish who is experienced with probation violations. The attorney can get copies of the paperwork from Orleans to show that the charge has been dropped and the contact the probation officer and file a motion with the Court if necessary.

  3. John M. Kaman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . When you pick up a new case while on probation two things happen: a new complaint is filed and the procedure to revoke your probation is instituted. The new case can be dropped if the prosecutor decides to proceed on the probation violation. Even though the new case is gone, the PV can be based on the underlying conduct in that case.

Related Topics

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Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

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Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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