My moms bf been in jail on a warrant for 60 days and time served for his warrant is done his fine us 0 but now trying to hold him for a probation violation can they do that
Yes, they can hold folks on probation violations after they serve a sentence for a new offense. In fact, it's quite common since the new case on which he got time served was also a violation of his probation.
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More information about the warrant and the Probation Violation is necessary to understand exactly what is happening here. However, from what you have said, it sounds like the warrant was for failure to pay monies or fines owed. if a court finds a person has the ability to pay and has not, the court may impose jail time usually at $10 a day - here would be a total of $600 paid off in 60 days. Unless the 60 days included some resolution of the Violation of Probation, then the Violation can still proceed. Once Probation has decided to move forward and violate him, Probation can petition the court for a warrant or here, where he is in jail on what appears to be time to pay fines; Probation can ask for bail on the Probation Violation matter. Again, it is important to know more here because 60 days is also how much time someone can be held on bail for violating conditions of release while on bail. Either way, Anyone in custody qualifies for a court-appointed attorney in a criminal case and that includes probation violations.
I agree with both attorneys on this matter, it sounds like your mom's bf did time for the warrant and then the probation officer violated him or her. This is permissible and quite common, the bf needs to contact his or her attorney.
They can hold him on the probation violation up to the maximum of the suspended sentence. The time can be ordered consecutively. I would suggest your mom's boyfriend get a good lawyer.
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