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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I missed a call from my probation officer on my cell phone

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I missed a call from my probation officer on my cell phone yesterday. I am currently on non reporting for misdeamenor dui 1st offense. Does this constitute a violation in the state of Georigia.

Roger :

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.

Roger :

If you just missed a call and you return the call promptly, then there should be no issue.

Customer:

Ok. the call was yesterday at 2pm

Roger :

It is highly unlikely that your probation terms specify that you MUST answer the phone or you'll be in a technical violation of your probation.

Roger :

Usually, if you miss a hearing, an appointment, etc., that's more serious and could warrant the probation officer claiming that you've violated the terms of your probation. However, missing a phone call would be a stretch.

Roger :

I've never seen someone revoked for missing a call from his/her PO.

Roger :

This is especially true if you're on non-reporting probation for a misdemeanor violation.

Roger :

The best thing to do is return the call and see what the PO says. IF he/she doesn't raise an issue with you missing the call, then it should be nothing to worry about.

Customer:

My first thoughts were to wait for them to call again. If they did not call me again, then I wouldnt call them. Me calling them would basically prompt them to inquire as to why I missed the first call. I do not want to acknowledge that they called.

Roger :

Well, that's up to you, but it's not likely that returning the call would cause you to be in violation because your probation terms likely don't require you to answer a call no matter what.

Roger :

BUT, your probation terms may state that you must return a call within a certain period of time. I can't say whether this is the case or not because everyone's terms can be different. So, you may want to check on that.

Customer:

I believe I will call them back later today.

Roger :

Just take a look at the terms of your probation - - you should have been given documents outlining this from the court or PO. See what it says and then you can react from there.

Customer:

No problem.

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