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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 daughter just turned 18 2 days ago and is on probation,

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My daughter just turned 18 2 days ago and is on probation, she was due to get off probation any day now. Today she was arrested for domnestic violence, she slapped me her mother in the face when I tried to get my car keys back from her. She is being held overnight in the city jail pending court . My concern is that this will get back to her probation officer and back to her Juvenille Judge that promised her that she will serve 3 months minimum if she is back in her court room. How likely will this happen, and what can I expect to happen in court tomorrow? She has a 11 month old son I am taking care of too that I worry about.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Joseph replied 7 years ago.

The crucial issue here is the date at which your daughter's probation is due to terminate.


Procedurally, what occurs is that the probation officer fills out an affidavit of violation. Upon completion, the affidavit is forwarded to the judge. After reviewing the affidavit, the judge determines whether or not to sign off on a warrant.


To be a valid violation, the warrant MUST be signed prior to the expiration of the probation. So, if her probation is due to terminate on February 1, 2010, for example, then the warrant must be signed no later than February 1, 2010.


As to tomorrow, your daughter should be given a bond amount for the new arrest. As part of the evaluation of the bond, the judge will certainly consider her criminal history, including the probation case. While this clearly won't help her situation, it shouldn't raise it to a level that is impossible to meet.


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