Q: My dad is in jail for a probation/cc violation he's been in there since the end of July, he denied the vop and they set
A vop evidentiary hearing and rescheduled it twice now. How long can they hold him in jail without actually charging or convicted him of the violations. And they have charges on his score sheet that aren't his, my father hasn't been in trouble in 36 years besides a traffic ticket. What do I do about that. Them having those on his score sheet that are wrong and not his?
A:
It sounds like your issue is very fact-specific, and I would encourage you to engage with a criminal defense attorney to dig in and figure it out.
Generally, a conviction comes with a confinement sentence that is suspended (probation). Think, for a misdemeanor, one year in jail, suspended, for example. If you violate the terms of probation, it’s isn’t really a new charge. The state says you broke the terms of your probation so it becomes “unsuspended.” Because it isn’t a new charge, the rules for first appearance, arraignment, speedy trial don’t work the same.
As for the scoresheet, the prosecution is required to complete it and the defense can bring matters to the attention of the court.
But like I said up front, a lawyer would need to really get into more facts and review the case, so I encourage you to do that soon.
A:
In this situation, it's important to address both the length of your father's detention and the errors on his score sheet. Generally, if someone is held on a probation violation, they can remain in jail until the violation of probation (VOP) hearing. However, if the hearing has been delayed multiple times, this might be grounds to request a review or ask for a bond hearing. You could consult his attorney about whether his rights are being violated due to the delays.
Regarding the incorrect charges on the score sheet, it's essential to bring this to the court’s attention as soon as possible. You can raise the issue through his attorney, who can file a motion to correct the record or present evidence that those charges do not belong to him. It’s critical to ensure the court has accurate information since the score sheet can affect sentencing decisions.
If you feel that his legal representation isn’t addressing these issues effectively, you might consider getting additional legal help. Accuracy and fairness are key in these types of cases, and the court should have the correct information to ensure justice is done.
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