QUESTION
What will happen if one is arrested while on federal probation?
Asked on Dec 03rd, 2013 on Criminal Law - Michigan
More details to this question:
My husband was arrested while on federal probation for domestic battery. What will happen if I do not pursue charges?
6 ANSWERS
Aric Cramer
The probation officer may file a violation of probation even if you do not want him to do so. If he files an Order to Show Cause to determine if he has violated probation a small hearing will be held and if he is found to have violated probation he may be returned to prison to serve the remainder of his sentence.
Answered on Dec 11th, 2013 at 4:12 AM
James Edward Smith
You have no control over pressing charges. He will probably not get revoked though.
Answered on Dec 05th, 2013 at 11:51 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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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. The short answer is that he can still be charged with a probation violation and sent to prison. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. (S)he would then be in a better position to analyze his case and advise you of his options.
Answered on Dec 03rd, 2013 at 4:00 PM
John J. Carney
The discretion to pursue a case is not with the victim, it is with the prosecutor. They sometimes force a woman to appear and testify with threats and sometimes they do not bother trying to locate her or produce her for trial. It is their decision in any event and they do not appreciate women who have men arrested and then want to "drop the charges" but they may be willing to listen to your wishes as to punishment and you always have the right to speak at sentencing.
Answered on Dec 03rd, 2013 at 4:00 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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His probation could be revoked and he could go to prison. Keep in mind, that the standard of proof for a probation violation is much lower than the burden of proof at trial. They only need to prove that he violated his probation by a preponderance of the evidence. Think of it as a tipping of the scale. Retain an experienced criminal defense attorney that handles federal probation violations.
Answered on Dec 03rd, 2013 at 3:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Too late, the prosecution is now in the hands of the authorities. It will most probably be a violation of his probations as well. He needs an attorney.
Answered on Dec 03rd, 2013 at 3:58 PM