Probation and a New Case
I am on probation. I picked up a new case. I did not do the new case. I was just standing there while the people I was with committed the new crime. I really was at the wrong place at the wrong time. I have been perfect on probation: no dirty urine, got a real job, I report on time and I haven't missed any appointments. I got new bail of $25k on my new case, and I paid it. I called my PO and told him about the new arrest. He told me to come in on Monday and report. My preliminary is Friday. I did not show up on Monday because I think he is going to lock me up. Today is Thursday and I plan on showing up for my preliminary hearing tomorrow. Will the cops lock me up on Friday? Should I have reported on Monday as instructed?
First, you must admit to yourself that when you are on probation or parole its very important to always be at the right place at the right time because if you're not, this is the kind of jam in which you can find yourself.
Next, you most likely are going to get locked up anyway as a result of a new arrest while on probation, so why compound the issue by failing to appear when it seems you you were doing everything you were supposed to do while you were on probation? Therefore, I think it was a major mistake to not do the turn in on Monday.
Your best bet would have been to hire a lawyer to contact the probation judge's chambers and go over the head of the PO with the hope that the judge would decide to NOT to have you locked up pending your open case.
When you show up Friday, if the PO has any brains, they will have you locked up in the courtroom. Then you should hire a lawyer to file a motion to have the detainer lifted so you can get out.
Also, at the preliminary hearing if you get locked up, you should tell your preliminary hearing lawyer to have your bail increased so that you get time credit for the days you sit because by paying the bail, you are technically out on that case and you won't get any time credit.
Labels: bail, detainer, probation, wrong place wrong time