Our son was given probation for a felony 5 charge of drug possession then remanded to inpatient drug rehab. We, his parents, provided him with an Ipod, which was accepted by Staff at the rehab facility. Several weeks later he was charged with violation of probation for having the Ipod because it had a camera which is against facility rules. He was sent back to jail and sits without any indication of seeing a judge. What can he expect and when? Is he due a hearing in front of a judge and is this a violation of parole worthy of return to jail?
If your son is in custody for a probationi violation, he should have a probation violation hearing in the near future. Who was his attorney? Did he have a PD? Have you contacted the previous attorney? Have you contacted the courts to determine what holds, if any, apply to him and the status of his next court date? Speak to a local attorney for guidance. Good luck.
He should be having a hearing on the violation. I suggest you contact the attorney who represented him. S/he can advise and guide you.
Yes, your son is due a hearing before a judge. A probation violation hearing will be scheduled within a "reasonable" period of time which is dependent upon the court's schedule, as well as that of his probation officer. Depending on your son's criminal record (or lack of one), he may be entitled to be continued on probation. Anytime there is an alleged violation of his probation he can be remanded for a probation violation hearing and then it's within the discretion of the court to violate him (or not) and then whether to modify the terms and conditions of his probation. I agree with the other answers that you should contact a local attorney, maybe even his attorney from this case, to find out how to (hopefully) get him back into treatment and avoid a probation violation.
Robert B. Botnick, Esq. | The Botnick Law Firm, LLC | 3912 Prospect Avenue, Cleveland, OH 44115 Facebook.com/BotnickLawFirm | [email protected] | This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline