Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. Why did you fail to appear? How soon after did you contact your probation officer?
Thank you for the additional information. Once you realized the appointment was missed, you should have contacted your PO and advised them of the situation. This may have avoid the violation and you having to go before the court. Now, you do need to appear and need to decide if you want to fight this or resolve it, with the goal being to get the probation reinstated, if you take a plea and resolve it. They could revoke your probation and place you in jail for the remainder of your sentence but that is at the discretion of the State. If you fight this and/or want to try and work this out, you are going to need to show that you failed to appear was not willful and there is a basis which explains and justifies, why you 1) failed to appear and 2) why you did not contact your PO. If you have a valid reason, you could have a defense. It is a technical violation, since it involves a violation of a term and condition but can still lead to jail time, if revoked. If you can show that your failure to appear was not intentional and this was not a willful act and this was a mistake, you could avoid jail and have your probation reinstated
You can or even call her and speak with her on the phone, explaining the situation. As I shared, you need to explain why you failed to appear and then why you failed to contact her after the fact. I know you thought they may contact you but I am going to be upfront and honest, that that reasoning may not be a good one, seeing how you have an obligation to check in and appear and when you fail to do so, your PO thinks you have absconded.
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