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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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My fiance violated probation almost 5 years ago. Hes been

Resolved Question:

My fiance violated probation almost 5 years ago. Hes been out of trouble ever since, not even a parking ticket & has also had a steady job since. If he were to hire a lawyer & turn him self in do you think they would cut him slack? What kind of penalties are we looking at?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Joseph replied 8 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.


To provide you with accurate information, could you please clarify these points so I can best address your inquiry:


  • 1. What was the original offense?
  • 2. What was his original sentence?
  • 3. What state is this in?
  • 4. Have you been in that state the entire time since the violation?
  • 5. Other than this offense, does he have any other criminal history?


Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 8 years ago.

Agravated Rubbery


2 years defered probation






Im not sure

Expert:  Joseph replied 8 years ago.

Without knowing his criminal history, it's a bit difficult to predict the outcome. However, I'll do what I can with the information that you have.


Working against him is that the original offense, aggravated robbery, is obviously very serious. Also, since the violation was 5 years ago, there is an argument that he absconded (fled) from the authorities. A prosecutor would argue that he had an obligation to turn himself in when he was aware of the warrant for his arrest from the violation and that waiting 5 years was NOT the right way to address the case.


Working for him is that the sentence was rather light, this indicates to me that the facts of the case were not as egregious as the charge would indicate, and/or that he had little to no criminal history at the time. Also, it is good that he has had no trouble in 5 years. When the prosecutor argues that the 5 year period was a bad thing, the easy counter argument is that he demonstrated that he is NOT a criminal by getting in NO trouble during that 5 year period. Also, while he did not turn himself in 5 years ago, he never fled the state, he was always right there.


To answer your question, yes, I would urge him to:

  • hire an attorney
  • have him turn himself in
  • have the attorney file a motion for bond to get him a reasonable bond amount
  • address the violation case

If he does that, acts in a pro-active manner and turns himself in, that should go a long way towards demonstrating to the judge that he is NOT a danger to society, he is NOT the same person convicted of a very serious crime several years ago and he is NOT trying to flee from justice.


If all this happens, it is certainly possible that he would receive very little in the way of any punishment for the violation of probation.


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