Indianapolis, IN asked in Criminal Law for Kentucky

Q: Multiple counties issuing arrest warrants and imposing bail for the SAME probation violation.

My nephew was on probation in one county, and was arrested for a new misdemeanor in a different county. While attending a probation revocation hearing in the original county, a THIRD county in which he had an active case issued an arrest warrant for probation violation, and he was immediately transferred to the custody of that county, and bail imposed. He has been there for several weeks, and now, the ORIGINAL county that he was "snatched" from, during his probation revocation hearing, has issued an arrest warrant with a bail. It seems completely unreasonable that multiple counties can issue arrest warrants and impose bail for the SAME probation violation. Especially when the subject is responding to the probation violation in the pertinent jurisdiction, and/or already in custody. This all seems contrived to deprive defendents of the ability to bond out of jail during their legal proceedings. Is this legal/constitutional? Thank you.

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1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: He can only be prosecuted for the new violation once as well as the probation violation once. His lawyer needs to advise the 2nd and 3rd counties so that those warrants can be resolved permanently.

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