Why is a probation violation hearing delayed
My gf picked up new charge causing a VOP..NEW CASE IS FINAL A SHE RECEIVED 2YRS PRO BUT HER Vop hearing was 1-13-17 n says continued.its now mid april n there still is no vop hearing n shes been confined since 12-15-16.whats the process?
What you are seeing is frustrating, but it is not unusual with probation violation (VOP) cases, especially when there is a new charge involved.
Why the VOP hearing is delayed:
1. Courts often wait on the new case
Even though her new case is “final,” the court may still:
- Wait for all paperwork to be processed
- Use the outcome of that case to decide the VOP
2. Continuances are common
A “continued” hearing means it was postponed. This can happen because of:
- Court backlog
- Attorney requests (defense or prosecution)
- Scheduling conflicts
- Waiting on reports or records
3. No urgency from the court
Unlike bond hearings, VOP cases do not always move quickly. The court already sees a violation, so they are not under pressure to rush.
4. She remains in custody
Since it is a VOP:
- She may be held without bond
- Time she is serving now is usually credit toward whatever sentence is imposed
What could happen next:
At the VOP hearing, the judge can:
- Reinstate probation with conditions
- Modify probation
- Revoke probation and impose the original sentence (or part of it)
What you can do:
- Contact her attorney and ask why it keeps getting continued
- Check with the Clerk of Court for the next scheduled date
- Make sure she is getting credit for time served since 12/15/16
Bottom line
Delays like this are common in VOP cases, especially with a new charge involved. The time she is sitting now is not wasted, it usually counts, but the final outcome will not be decided until that hearing actually happens.
My situation is different — ask your own question.
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