What is the worst punishment for not complying with pre-trial probation? 13 Answers as of June 27, 2013A friend of mine was arrested when he was pulled over. He had warrants he was unaware of, his lawyer was never notified of them either, from not complying with pre-trial probation from an evading charge and possession charge. It was his first time on any type of probation so he didn't fully understand what he was supposed to do. He also suffers from bipolar and mental issues due to a serious head injury from being a victim of attempted murder but hasn't gotten professional help. While in custody of city jail and being transferred to the county jail he managed to run out the gate and escaped from custody. The county brought out k9s and he was found in three hours. What can we do to help him? What are his chances of reinstatement of probation? If he gets psychological help, will it benefit him in less punishment of this? What is the worst punishment of his charges?
Law Offices of John Carney | John Carney
I do not know what his criminal charges are or the extent of his criminal record, but if he escaped and violated probation he will probably get a year or 6 months in jail. He will get some counseling and treatment in jail and after he is not he should continue that treatment, get off drugs, and find a good job if possible.
Answer Applies to: New York
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated I strongly suggest that you or your friend contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your friend's situation. He/she would then be in a better position to analyze his case and advise you of his options.
Answer Applies to: California
Lacy Fields, Attorney at Law, LLC | Lacy Fields
The worst punishment would either be 1) He would be sent to serve his "back up" sentence of imprisonment, or 2) if he was not yet given a "back-up" sentence, then the judge could sentence him up to the full range of punishment for the underlying crime. In my experience, getting professional help for mental health and/or addiction issues is very helpful in negotiating continuation of probation. However, you want to be careful that he does not receive an opinion that he is incompetent to proceed with the hearing - if so he may wind up in a State mental institution indefinitely.
Answer Applies to: Missouri
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
He could realistically be held without bail as a flight risk in the Mental Health Pod until the trial is over.
Answer Applies to: Pennsylvania
Andersen Law PLLC | Craig Andersen
There is no such thing as pre-trial probation. Probation can only be imposed following a conviction. What your friend did was violate his conditions of release. The punishment for that, if you can call it punishment, is to revoke his release. If your friend has mental health issues, he shouldn't be using drugs or alcohol. The best thing you can do is get him into treatment.
Answer Applies to: Washington
Law Office of Brendan M. Kelly | Brendan M. Kelly
He needs to get a new lawyer, have a mental health assessment and then he may be able to avoid much more jail time. When you run while in custody it is never a good fact, but he may still be OK. We do offer a free consultation and would be happy to help if we can.
Answer Applies to: Nebraska
Michael Breczinski | Michael Breczinski
There is no such thing as pretrial probation. He violated the terms of pretrial release on bond. It is for that and for escaping that they will probably have a high bond on him. He needs to obey the bond and make sure he has all his notices and court appearances.
Answer Applies to: Michigan
Mary W Craig P.C. | Mary W Craig
The first thing that needs to happen is his lawyer should ask for a mental evaluation. If your friend has mental illness and has not gotten help, then his lawyer can argue that his mental disease or defect caused him to do some or all of the things he did, and plead not guilty by reason of mental disease or defect. It's hard to know what the worst punishment could be. Different states have different punishment schemes, and you don't say what state your friend lives in. However, if he has a lawyer, and the lawyer knows about the mental issues, then you should trust him to get accommodations from the court for your friend's mental defect.
Answer Applies to: Alabama
Lawrence Lewis | Lawrence Lewis, PC
Your friend, who I assume is living like an adult, driving a vehicle and possessing drugs, is now incompetent, bipolar with mental health issues. Your friend needs to choose, or you need to choose. Either he is an incompetent, bipolar person, which means he should be driving a vehicle or making any decisions for himself or he is an adult and now must answer for his bad choices. What you can do is retain the right attorney.
Answer Applies to: Georgia