My husband has two counts of battery misdemeanor and it was a violation of his probation and he is on in jail now but the charges have been dropped now they are trying to get him to years how is that possible. Is there any way that he can get out of jail because those charges have been dropped or what can we do his public defender is not helping at all.
In other words, the violation of probation happened when your husband was arrested. In order to prove the new charges of battery charges, the State has a high standard of proof (beyond a reasonable doubt). But to prove he violated probation, the must only prove the case by a preponderance of the evidence (lower standard). If the new case was dropped, its unlikely that the State will hang their hat on that violation. Likely, there are some technical violations and possibly prior violations that is driving the State to move forward. The State can definitely hold him until the VOP is resolved.
The State has a much lower burdern of proof on a VOP. If they drop the misdemeanor battery charges, they can still try to prove to a judge that a VOP occurred. There may also be technical violations. If you aren't happy with the PD, then you can hire someone to fight the case.
I agree with both my colleagues.
If you truly believe that the public defender, the lawyer appointed to represent your husband is doing nothing to help, he is always allowed to retain counsel and pay for private counsel.
If the reality is that the attorney is not achieving the goal you request, perhaps it is that your goal is not achievable. and you just do not like the answers you receive
Q: How is it possible for him to still be in jail if the charges are dropped?
A: Because 1) the VOP occurred when he got arrested, 2) it is the fact of the arrest while on probation that forms the VOP, 3) the ultimate resolution of the new substantive case is relevant but not dispositive to the VOP and 4) there is no right to bond on a VOP.
That said it seems tome that you're asking the wrong question.
Rather than asking "How is it possible for him to still be in jail if the charges are dropped" perhaps you should be asking "Now that the charges have been dropped how can I get him out of jail?" and the answer is simple: Hire counsel.
Wishing your husband luck and hoping that I have been helpful in answering your question.
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