Q: Bond vs probation officer
family member was arrested for DUI. She was on probation for a previous offense (DUI) although it was reduced to reckless driving. Does the probation officer ultimately make the decision on whether the individual is released or not?
A:
These are two cases, the new DUI and the old one, and each case gives the government an independent, though related, claim on holding your family member in custody.
On the new DUI, the probation officer cannot prevent a bond from being granted.
On the old DUI/reckless, the probation officer MAY file for a probation warrant to hold your family member in government custody pending a probation revocation hearing.
Ideally, you would hire a single attorney to handle both matters, given the amount of overlap required to work the two cases. Please contact me directly if you would like further assistance.
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