Dallas, TX asked in Criminal Law for Arkansas

Q: My friend was picked up on a revocation I guess a petition to revoke suspended sentence and im hoping you can help me.

He was convicted of aggravated assault on a family member or household on 6-21-2017 and placed on supervised probation for 72 months. Was picked up on February 28th but wasn't booked until March 1st on a petition to revoke suspended sentence the terms he violated allegedly are report filter report treatment failed to report for substance abuse and cooperation innovating supervision but they only come to his house one time and that's it. The judge and his public defender some reason think that he is a extreme Flight Risk and and hasn't said a bond for him and the judge said that if there was a bond it would be extremely high. This is his very first revocation his very first mess up on any kind of felony probation so I don't understand why they haven't said a bond and why they're being so hard on him. I'm hoping to find a lawyer that will do a pro bono type thing for me and him or at least help me come up with our next steps.

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1 Lawyer Answer
Stewart Whaley
PREMIUM
Stewart Whaley
Answered
  • North Little Rock, AR
  • Licensed in Arkansas

A: The "very first mess up on any kind of felony probation" is a SECOND offense. The first charge is a class D felony that could have resulted in 6 years of prison. From the judge and prosecutor's perspective, the threat of 6 years of prison time wasn't enough to modify his behavior. That alone could be why they are addressing the case this way. Maybe they have other information regarding this defendant. It might be information YOU don't have, but an attorney could get. The judge, probation officer and prosecutor have a lot of room to determine what happens next. Your friend needs an attorney that can negotiate/argue to minimize the potential penalty. It could mean the difference between reinstatement of probation and ADC prison time (or something in between).

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