Criminal Law Questions? Ask a Criminal Lawyer.
Hello. I will help you today. I have been an attorney for 26 years and I was a prosecutor for 9 years.
Can you please answer the following questions for me?
1) Do you have anything in writing charging you with a violation of probation? If so, can you attach it here? You can take a photo?
2) What exactly did your probation officer say?
3) Did you speak with your lawyer about this? What did the lawyer say if you did?
4) Why were you in court in the first place? What charges? Did you plead guilty to anything?
5) Can you tell me more about the drug completion program?
You can make the claims that your lawyer did not give you the correct information. However, right now you have to lessen the damage. If you do not surrender you will be in more trouble and will be charged with more violations of your probation. You will be entitled to a probation violation hearing where you will be able to present evidence that your lawyer did not give you the proper information.
I will opt out so someone else will answer. I am only trying to caution you. If you do not follow the direction of your probation officer, a warrant will be obtained for your arrest.
Hello MariaThis is Samuel. The prior professional is correct. If you have another question, you can ask it. Of course, we cannot tell you what to do with your children. But if there are warrants for you, you should consider surrendering because otherwise, they will come to your home or employment and arrest you and your children will be placed in foster care. Perhaps, there is a neighbor you can leave them with when you surrender. You also can contact your attorney and ask if you are on probation, if they say yes, you can ask why you were not informed of the same and request they assist you in the surrender. It is possible with the help of a local attorney that they could get the warrants quashed and ensure your appearance at the probation violation hearing.
Hello MariaIt is possible that the plea agreement included your probation violation from a prior case. Only your court file is going to be able to full reveal that. Now, the fact that your attorney did not fully disclose whether you were on probation on not, does not negate that if you were there would be a violation. Though if you find that your attorney was negligent, you can file a Bar Complaint against them.You ask what do they do in a case of violation of probation - and there are different sanctions and remedies provided to the court. The court can violate you and if that happens then impose any sentence that was suspended when the probation was granted or they can continue you on probation. If you surrender to the warrant, there is a greater possibility that the court will continue, depending on what the violation was. For instance, if it was a technical violation, such as you did not report to an agent because you did not know you were on probation, the court would more than likely continue it. However, if the violation is one because of a new crime, then that is less likely to happen.
Each violation can be counted individually. Yes.