My brother’s probation office revoked him, he appealed and won the case and now the po is appealing the judge, what can we do?

DETAILS

My brother was put on probation, during that time he got a dui which was his first probation voiolation, so his probation office revoked him, however he got that dui dropped down to reckless driving. Last week him and his lawyer won his revocation hearing, he still has not been released because his probation officer is appealing the judge’s decision. Is there anything that can be done?

ANSWER

I agree with my colleague. The first thing to do would be consult with your brother’s attorney. He or she will know exactly what is going on procedurally.

Based on the information that you posted, it seems that the prosecutor is appealing the judge’s decision. Unfortunately, the prosecution does have the right to appeal. The probation officer himself does not have standing to appeal though.

I would hope that your brother has a reasonable bond set in light of the circumstances. He should seek bond modification/reduction if he is still in custody. This would be something his attorney could do for him.