Your friend needs an experienced criminal defense attorney to represent him on both matters. The attorney can file a motion now on the violation matter seeking his release pending the outcome of the new case.
In terms of "innocent until proven guilty," he has been proven guilty of the offense he is on probation for. That is what is keeping him in prison. What he would be likely to receive depends upon the new charge, the old charge, the prior record and many other factors. It is not a simple question. Finally, in terms of waiting---he may be able to get the detainer "lifted." This again depends upon many factors.
Michael L. Doyle
This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.
Yes, I believe the judge who has him on probation can let him sit until the new charges are resolved. Get an opinion from a local attorney on the chances of the judge lifting the detainer or transfering to house arrest if the attorney files a Petiton to Lift Detainer.
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