Q: family member currently in custody 90 days now for a violation of parole & probation. how can we get a writ served?
this violation is based on a new arrest. The probation warrant came from judge in PG County & his current lawyer isn't much help at all.
A: He is as on parole and probation as well? If he was on parole (early conditional release from a prison sentence) and he was re-arrested on a new charge, parole is automatically revoked and he returns to prison to serve his existing sentence. Release on bond in that situation is rare. Even if he was “just” on probation at the time of the new charge, the law prohibits the District Court Commissioner from releasing a defendant on bond and n those circumstances, and a judge will not necessarily do so. It depends on the nature of both the charge he was on probation for as well as the new charge. There may be nothing his lawyer can do at this juncture but gather and review the evidence supporting the new charge and prepare a defense.
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