Ok, when I was arrested in Nov it was for the new charges, but they held me for a probation detainer, in which they tested me in the county jail the next morning and my urine was dirty. They then released me 9 days later when my lawyer had me plead guilty and they extended my probation till march 17th. The new charges were not filed until Dec 15th. I was never arraigned or fingerprinted on the new charges as i stated in my post. But now I have a preliminary hearing on the 30th. I never have been processed on the new charges. I checked through all the paperwork on the violation and there is no mention of the new charges, since they were not even filed by the time I was released. It seems the process may not have been followed, i cannot afford a lawyer and made too much for a public defender, since I lost my job over this i do not know what to do, it seems they acrewed up,, am I right, does this work in favor that they didn't process or arraign me? I have no bail set, no fingerprints on new charges and have not been arraigned please advise
Think about the chronology of events, mate.
You were arrested for something, doesn't matter what.
While you were being processed, you were discovered to be on probation.
A probation hold was placed on you, the new charge is usually just held back while the prosecutor conferred with your probation officer.
When a person is arrested, a prosecutor reviews the arrest report and decides to prosecute, nolle prosse,
>>>>>Nolle prosequi is a Latin phrase meaning "will no longer prosecute" or a variation on the same. It amounts to a dismissal of charges by the prosecution. Some states, like New York, for example, don't use the phrase. Rather, they simply use the term dismissal.<<<<<
or take the matter to the grand jury. In some cases the person might already be under investigation which complicates matters.
You can't get bond immediately on a probation hold, at least in Texas.
Fast forward, you cop a plea on the probation violation. Your lawyer may ave advised you to plea, ultimately it was your choice.
Meanwhile back at the proseutir's HQ, you formally get charged.
Nothing inappropriate there, mate.
No one cost you your job, no one that is except you and your actions and choices.
All you can do now is plead not guilty, request a new public defender, which you met likely will receive because you lost your job.
Anyway, hang in there, you knw how the game is played. Don't rush it, take it slow and easy. When you're a criminal defendant (out on bond) delay is helpful to you.
God luck.
