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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23570
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Curious if a probation officer can violate you after you've

Customer Question

curious if a probation officer can violate you after you've been discharged?
JA: Thanks. Can you give me any more details about your issue?
Customer: no failed drug tests or anything but failed a blow in interlock in car and probation officer didn't get notice of it until after being discharged from probation
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.
Hello, If probation was able to lodge the violation before probation expired, then you can be violated even if your probation is already over by the time of the arrest. However, once your probation is over, if they've been find a violation, there is nothing they can do about it.
Expert:  Zoey_ JD replied 7 months ago.
Sorry about the typo, which the site won't let me edit. I wanted the last sentence to read: "However, once your probation is over, if they haven't filed a violation by then, there is nothing that Probation can do about it because the court no longer has jurisdiction over you."
Customer: replied 7 months ago.
my probation is technically over I have discharge papers so she cant violate me for or reinstate my probation after the fact?
Expert:  Zoey_ JD replied 7 months ago.
It depends. If she hasn't filed the violation yet, she cannot do anything now because you've been discharged. The court no longer has any jurisdiction over you. If your PO lodged the violation before your discharge you can be violated even though you're discharged now. The court had jurisdiction over you when the violation was filed and they can reopen your matter and act upon it.
Customer: replied 7 months ago.
I know she didn't file a violation because she didn't find out about the situation until after I was discharged
Expert:  Zoey_ JD replied 7 months ago.
Well, then, you should be home free.
Customer: replied 7 months ago.
okay just trying to get as much information as possible because she wants me to come in tomorrow to discuss the issue
Expert:  Zoey_ JD replied 7 months ago.
If you have been formally discharged from probation and your case is over, you are not required to go in and give evidence against yourself. Give your lawyer a call tomorrow and tell your PO you want to speak to a lawyer first.
Customer: replied 7 months ago.
that's the thing though too we don't have lawyers for sobriety court
Expert:  Zoey_ JD replied 7 months ago.
Didn't you have one when you took the plea that got you in there? Did you graduate from sobriety court?
Customer: replied 7 months ago.
yeah I had one when I was sentenced but that's it.. and yes I got my discharge papers and certificate on Monday the 11th
Expert:  Zoey_ JD replied 7 months ago.
That's the one you ought to call. If this is a treatment court matter, depending upon your contract it may work differently than if you were just on probation.

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