Sunday, 5 January 2014

My boyfriend was arrested for criminal sale of control substance (class b felony)...while being on probation..he was supposed to report to t...

Question

My boyfriend was arrested for criminal sale of control substance (class b felony)...

while being on probation..he was supposed to report to them before the 5 the of this month but couldn't because he is on rikers island .. when we bail him put will probation violate him even though he didn't plead guilty to anything and wassnt arrested with any marked money or any drugs.on him



Answer

If he was actually incarcerated on Rikers at the time he was supposed to report then evidence of that incarceration should clear him of any probation violation for not reporting. He may though be violated for the charge that brought him to Rikers unless he is cleared of it. He definitely needs to discuss this situation with his attorney as soon as possible.



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