Parole, Probation ammended violation of probation

[ajt22]

My husband was arrested (Feb 25) on a violation of probation (warrant issued Feb 2) and in the course of his arrest (he was already cuffed and read his rights) the police found drugs in his vehicle. While still behind held in jail, his probation officer ammended the original VOP citing the more serious violation. It is now the more serious charge which is keeping him in jail and which could result in an extended sentence. My question, can someone be accused of a VOP AFTER he is already arrested on a previous VOP and which of the two charges takes precedence in sentencing? If that is the case, then he can conceivably continue to violate his probation even while in jail.

 

[raskalnikov]

He's not really violating his probation while in jail (Though that is possible, with fighting, contraband, etc.). Just because someone gets arrested, or convicted of something, doesn't wipe away all the other crimes that happened before hand. Otherwise you'd have a lot of murderers running around trying to get arrested for jaywalking.