I have an interesting situation developing. I recently tried a grumpy old man who beat up a nice old man. The jury found the grumply old man guilty of Injury to an Elderly Person (no there is no defense if both are "elderly") and the jury gave him probation. Exactly what we expected. Well. . . the grumpy old man is now beating on other people while his case is getting appealed. My question is thus: Assuming that the appeal is denied, can I revoke him for what he is doing now while he case is being appealed? Thanks for the help!


Steve L.

This is a recurring question on this forum. Try this link for details.

Quick answer: no, you can't revoke the probation, but you can deal with the bond pending appeal.

So what if he never actually posted his appeal bond? As far as I can tell, he has been reporting to his probation officer and complying with some terms of his probation. So far, all his attorney has done is file a docketing statement to the court of appeals. I have a feeling all this was an effort to give his client time to pay him for an appeal, which won't happen in this case because the grumpy old man now has to pay for his son's upcoming case of attempted murder (apple doesn't fall far from the tree).

Steve L.

Then the judge messed up by not requiring an appeal bond before releasing the defendant. But, the notice of appeal suspended the probation and took away the trial court's authority to act on any probation violations.

So, the judge can issue a capias, put the defendant in jail, set bail (and conditions that look mysteriously like the conditions of probation) and wait for the defendant to make a bond. Then, you can wait to see if any new violations arise.