Law School Discussion

I dont know where to go for answers...

I dont know where to go for answers...
« on: February 14, 2010, 03:42:07 AM »
My husband is on probation. He went to see his PO and she did her questioning, and than told him she was violating him. A mesa police officer came in and arrested him right there and took him to jail. We suspected he may be violated due to a theft crime he was in 3 weeks prior, but did not expect it would go that way. When he was arrested for theft he went to jail for 5 days, and as soon as he got out he called her and told her everything. She had her partner come over and check on him, and he didn't even give him a hint that he was going to be violated. So, he had the first court appearance within the 24 period they have to give, and at that time she set another court date for Feb17. Well, I called the jail information line and as of 2 days ago the date now says March 2nd. And it is to be held at the drug court. I have never even heard of a drug court. I spoke with an operator and she said his date was moved. He and I both have heard that the next hearing had to be within 7 days of the first. So, I got on the internet and started searching. I did find that it said it was to be held within 7 days. I than looked up his court case information and case history. On that is says, he has one date on the 17th of Feb for a non witness hearing, and one on the 2nd of March for a probation revocation arraignment hearing. I also looked up the drug court, and I am clueless as of why it would be there. Now I pay exact attention to what the information line says, and when you first call before it asks what details you want it says, this inmate is scheduled for a revocation hearing to be held on March 2nd. at the drug court, than it asks what details you want. On to specific charges.. It says one open charge; probation violation, this inmate has not been sentenced for this charge; this charge has been bound over to superior court. But, it does not give a court date. So, I am totally confused now. On the superior court website there are 2 different dates, and one is for non-witness violation hearing on Feb 17th, and the other is the revocation hearing on March 2nd. So it seems to me that he has 2 different dates for the same charge, and one is in the drug court? Can anyone tell me what is going on? I would bond him out but they have set it really high, and to hire an attorney costs more than I have

Re: I dont know where to go for answers...
« Reply #1 on: February 15, 2010, 09:45:19 AM »
Law students take an oath not to dispense legal advice.  Doing so is a violation that could result in not being allowed to sit for the bar, and not being allowed to practice law.
Here is my advice:  call a lawyer.  The biggest mistake most people make is believing they can't afford a lawyer then paying a much bigger price because a loved one ends up being convicted and lands in jail.  Find a criminal lawyer who is willing to charge less or work out a payment schedule with you.
Alternatively, go speak to someone at your local public defenders office.  They have offices in most county court's and will meet with you.  You may have to wait for a while.  OR, contact a law school near you and ask if they run a legal assistance program where students can assist you under the supervision of a licensed attorney.
I'd love to help, but I'm not risking my license so I can provide an answer.

Re: I dont know where to go for answers...
« Reply #2 on: February 16, 2010, 01:19:29 PM »
This applies to practicing attorneys as well as to law students.  It might seem cagey or just downright unfair, but there are simply too many variables that can make the difference in your case.  Even if an experienced criminal law attorney were to post a response, the ways in which that "answer" might not be helpful to your husband's case are numerous.  Thus, you really should seek an attorney licensed in your state and familiar with the courts and procedures you're writing about.

I agree with the advice to check with your local public defenders' office.  That's a good place to start.  At the very least, they should be able to give you the names of other offices that might be able to help, such as the right court clerk to ask to confirm your husband's status.

Best of luck to you both,