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Ely
Ely, Counselor at Law
Category: Criminal Law
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If one is sentenced to probation on september 27th, and the

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If one is sentenced to probation on september 27th, and the paperwork says probation starts on October 5. When does the probation technically begin? Sept. 27th or October 5th?
Hello and thank you for requesting me.

Probation then officially begins OCTOBER 5. The Sept. 27th day is merely the day of sentencing, but the probation itself starts on OCT. 5.

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Customer: replied 4 years ago.


So if an arrest occured on the 28th of september would it still be considered a probation violation.

Hello friend,

This is a very nuanced matter.

The D.A. is going to argue that the probation already begun.

Your attorney would then likely argue that probation is essentially a sentence but with you out an about, and just like a sentence does not begin until later on (if you have several days after sentencing to turn yourself in in order to put affairs in order), then likewise the probation does not begin until the official date.

So arguably, an arrest or even a conviction from an arrest on the day before probation began is not a violation, but it would be up to the Judge.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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