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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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my fiance was arrested april 4th 2012 for the probation violation

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my fiance was arrested april 4th 2012 for the probation violation failure to report. he was brought before a judge on june 14th 2012 on four counts of probation violation the judge dismissed two counts and kept two counts. my fiances public defender did not represent him very well and appeared to be unfamiliar with my fiances case. the judge decided to postpone sentencing for a different date and suggested the public defender read and familiarize himself with my fiances case. my fiances probation ends on october 18th and we are wanting to find out if they can still impose sentencing if his probation has ended?
Welcome and thank you for your question!

October 18 is not a magic date. If your friend failed to report and violated probation, he can still be sentenced for that violation.

Probation is a matter of grace and is terminated by the court -- not a date on the calendar.

This is why, yes, the judge can still impose sentencing. There is no legal authority which prevents that from happening.

I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.
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