My husband was asked to come see a task force agent and when he did he took him into custody and put him on a 72 hour hold for a probation violation. He never did a **** test on my husband neither did the jail and his probation officer didn't do one either two days later when he finally had seen my husband in the jail. Then there was a warrant put on my husband the day before he was to be released for probation violation and $5000 cash only warrant. When he went before the judge shouldn't the $5000 cash only warrant been gone? And according to what I read in Utah legislature only officers of the court can the authority to detain for probation violations.
Get a lawyer/legal advice. I would think they'd need to have recorded data to validate detaining him otherwise this is fast looking like abuse of power/office. No substance test, no breach of probation conditions during the probation period (this means submitting yourself as per parole agreement for testing depending on the conditions set by the courts), no penalty. End result should be an eligibility of expungement without further conditions.
In my view, it's not good. I think it's better to consult an experienced lawyer. Recently, I came across some troubles and applied to this law firmhttps://www.lawyersuae.com/ . To be honest, I am very thankful because they helped me to solve my problem fast and easily. Shortly speaking, I highly recommend them!
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You need expert legal opinion of the legal position where you are as laws and attitudes could differ greatly in different areas.
Much will depend on whether an overworked court takes the recommendation of the authorities and simply rubber stamps them or whether you have legal representation in court and your story can be heard - if you have a story.
If your disobedience to the order was wilful the court is unlikely to be sympathetic but if a set of circumstances exist that compelled you to be together for the briefest time possible, a good excuse for breaking the order, such as a family emergency, the court is likely to be more sympathetic and the result could be a shorter sentence or even no sentence at all.
For the wilful disobedience of a probation order the judge could possibly rule the probation term be served in jail - again, whether the no contact order was made for a particular reason, to prevent domestic disharmony or criminal activity, and who made the order and whether it was fair and so forth could perhaps be presented as mitigation.
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