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Violation of Probation

When a violation of probation is found a probation officer may imprison a probationer and petition the court for a violation of probation. The court will generally request that the defendant prove their innocence at an Order to Show Cause hearing. If the defendant is unable to challenge the presumption of guilt at the hearing, then the officer or prosecutor may request that additional conditions of probation be imposed, that the length of probation be extended, or that a period of incarceration be ordered, followed by a return to probation. Below are the most commonly asked questions about violation of probation answered by the Experts.

Can two felons get a probation violation for getting married to each other?

In most cases such as this both parties would need to get their probation officer’s approval. If the probation officer turns them down then they can bring the matter before the judge and ask for the court’s ruling on the matter. If the judge also feels that a wedding would be unwise then both individuals can be violation of their probation if they marry.

If a person has a warrant for probation violation over a misdemeanor from several years ago; and has moved to another state. What should the individual do in order to take care of the probation violation?

In some cases the person could be arrested or detained on this warrant at any time, most likely when they least expect it. Also an Arrest Warrant never expires, and typically the only way to resolve this warrant would be for the person to surrender in the state where the warrant was issued and serve their sentence. However, often when offenders who are wanted on misdemeanors generally do not get picked up and extradited due to the high cost of such a transaction.

How would a person reschedule a court date for a probation violation on a Driving Under the Influence (DUI) that happened five years ago?

Most generally a person could contact the court clerk and see if there is anything that can be done to reschedule. Or the person could appear and ask for the date to be reset. However it does seem odd to violate the individual five years after the probation was terminated. The individual would be wise to see when the violation occurred and what the basis was, it is possible that it is an oversight and something that could be cleared up by showing proof of completion.

If a person is charged for a felony probation violation twenty five years ago, would there still be a warrant for their arrest in the city or state?

Typically since it was not taken care of twenty five years ago, then it is likely that they would have a warrant out for their arrest since probation violation never expires, and should have come up any time they were pulled over for a traffic violation. The only way to know for certain is to call law enforcement authorities and ask them.

Is it a probation violation to skip the alcohol and drug assessment before unsupervised probation is over, and could a person go to jail for it?

In order to be in compliance with the terms of the person’s probation, the individual would be wise to take the assessment as soon as possible. The alternative could involve a warrant and arrest.

When a violation of probation is found, the severity of the penalties may depend upon the facts of the original offence, the facts of the violation, and the probationer’s criminal history. While the questions answered above are a good start, they can also raise more questions that need the insight of the Experts.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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