probation abuse of authority

[Frenchielovesme]

Jurisdiction

New Jersey

On May of 2016, my husband was arrested while on county probation for a violation due to his failure to report. He was arrested from the hospital (he had been stabbed in another incident). He went to court after 3 months of sitting in the county jail with a hold and no bail. At court, he was sentenced by the Judge 180 days on the H.E.A.D.S program (house arrest) to finish out the remainder of his probation. However; that same night he was taken from the county jail; re-arrested and charged with aggravated manslaughter from the incident in May where he was stabbed (someone died). Even after he was sentenced, the probation supervisor who has a long history of run-ins with my husband still continued to attend his court dates.
Now he is fighting this current case, and although he was he was already sentenced before he was charged with the aggravated manslaughter; probation continues to have a hold on him so he is unable to post a bail. Is this a form of harassment? Does probation have the right to keep a hold on him even after the conclusion of their part? Who do I speak to concerning this? Who does probation have to answer to?
Thank you

 

[adjusterjack]

Is this a form of harassment?

No.

Does probation have the right to keep a hold on him even after the conclusion of their part?

Yes.

Who do I speak to concerning this?

Your husband's criminal defense attorney.

Who does probation have to answer to?

In this case I doubt it they have to answer to anybody since they aren't doing anything wrong.

 

[Frenchielovesme]

On May of 2016, my husband was arrested while on county probation for a violation due to his failure to report. He was arrested from the hospital (he had been stabbed in another incident). He went to court after 3 months of sitting in the county jail with a hold and no bail. At court, he was sentenced by the Judge 180 days on the H.E.A.D.S program (house arrest) to finish out the remainder of his probation. However; that same night he was taken from the county jail; re-arrested and charged with aggravated manslaughter from the incident in May where he was stabbed (someone died). Even after he was sentenced, the probation supervisor who has a long history of run-ins with my husband still continued to attend his court dates.
Now he is fighting this current case, and although he was he was already sentenced before he was charged with the aggravated manslaughter; probation continues to have a hold on him so he is unable to post a bail. Is this a form of harassment? Does probation have the right to keep a hold on him even after the conclusion of their part? Who do I speak to concerning this? Who does probation have to answer to?
Thank you

@adjusterjack thank you, but everyone has a boss. are you an attorney?

 

[Frenchielovesme]

No.



Yes.



Your husband's criminal defense attorney.



In this case I doubt it they have to answer to anybody since they aren't doing anything wrong.

thank you for your input. however, everyone has a boss. Are you an attorney?

 

[army judge]

Is this a form of harassment?

No.....

Does probation have the right to keep a hold on him even after the conclusion of their part?

I doubt it.

Who do I speak to concerning this?

You can speak to anyone that wishes to speak to you.

Who does probation have to answer to?

The court, the governor, the state legislature, and Almighty God.

Before you ask, YES, I am an attorney.

I am NOT licensed to practice law in NJ.

However, NJ has hundreds of licensed lawyers who would be most happy to meet with you.

 

[Frenchielovesme]

No.....




I doubt it.





You can speak to anyone that wishes to speak to you.





The court, the governor, the state legislature, and Almighty God.

Before you ask, YES, I am an attorney.

I am NOT licensed to practice law in NJ.

However, NJ has hundreds of licensed lawyers who would be most happy to meet with you.[/QU
Thank you

 

[Frenchielovesme]

Thank you

 

[adjusterjack]

everyone has a boss

Yes, but my point was that the probation officer is doing nothing wrong so there isn't anything to answer for.

Are you an attorney?

No, of course not. But it doesn't change the reality that your husband's attorney will have to get a judge to order any changes in what your husband is experiencing.

Questioning the probation officer and/or filing complaints isn't going to do it.

 

[ElleMD]

Was his probation extended after he was charged with manslaughter? That would seem entirely reasonable and then some. If he couldn't behave himself while knowing he was on probation and under heightened scrutiny, why would anyone believe he would not be a danger to society now? Absolutely the fact that he was on probation at the time he killed someone makes a difference. It isn't harassment to look at recent past offenses when considering a current case.