Q. How long does a person in jail for violating his probation with a new charge have to stay in prison if pleading not guilty? My friend is in jail for violating his probation with a new charge. He is not pleading guilty, so does he have to stay in prison and his probation officer not lift the detainer? If, that answer is yes, what is the due process and what happens with ‘innocent until proven guilty”. I feel like many people feel obligated to plead guilty and take probation, parole, or whatever deal is offered in order to get out of jail instead of fighting the charges.

A. Yes,  the judge whose sentence of probation he allegedly violated can keep him detained in jail until the new charges are resolved. After the new charges are disposed of, the probation officer will schedule a probation violation hearing before the probation judge. Seek an opinion from a local attorney on the chances of the judge lifting the detainer or transferring to house arrest if the attorney files a Petition to Lift Detainer, prior to the new charges being disposed of.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.