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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Can you be charged with a violation of probation after the

Customer Question

can you be charged with a violation of probation after the hearing three weeks later and due to my lawyers negligence telling me i wasnt on probation and now probation asking me to surrender sap is not right had i known i was on probation i would have given probation officer drug completion of program and been released as promised by probation what can i do what kinda lawyer do i need how do i prevent from surrendering asap
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you today. I have been an attorney for 26 years and I was a prosecutor for 9 years.

Can you please answer the following questions for me?

1) Do you have anything in writing charging you with a violation of probation? If so, can you attach it here? You can take a photo?

2) What exactly did your probation officer say?

3) Did you speak with your lawyer about this? What did the lawyer say if you did?

4) Why were you in court in the first place? What charges? Did you plead guilty to anything?

5) Can you tell me more about the drug completion program?

Customer: replied 1 year ago.
1)nothing in writing 2)all she said was to surrender right now . I told her why im not on probation she said yes you are and you have warrants out for your arrest and to go surrender I told her I cant I have kids who is going to care for them she said she doesnt care and for me to go immediately to the womens jail to surrender and she said i dont give a dam you violated probation you need to go now all this was said by just yelling at me and then she hung up on me. 3)no I didnt speak to my lawyer he and I had indifferences about the crime I was being charged with I felt he wasnt for me and did and incomplete investigation but agreed to the 90 days because it was wrong i know but the facts were not the way it happened but he tried to scare me that i could get longer time if i fought it and that it was still wrong so i figured 90 days was ok providing i was not on probation because i knew it would be a violation thats why i asked so many times is he sure im not on it and no during all the time was probation ever mentioned so i figured ok hes the lawyer he knows more then i .4)for theft where i worked and another who made a statement but everyone changed how it happened and my lawyer said it doesnt matter you still did something wrong, yes i plead no contest to it and they gave me 3 years probation pay home depot ^00. and pay the probation 100. a month for three years while being supervised and 90 day sheriff work program. I took the terms with that being all there was to it niothing more because i didnt know if or how i could fight because I used someone elses id for that persons returns knowing their id would not go thru. but i did not steal anything the other person walked out before i finished ringing up purchase i told my lawyer to look at video he would see i went to door to see where that guy went he was gone and we are told never to confront walk out and question anyone they said they had a confession but it was not clear on tape what was said and charged me anyways5)I got into some trouble about three years ago had a tool with residue in it and that was against my probation which they came to my house because my daughters dad always starting a problem getting them and making a scene until police would repeatly come to my home ( i have been fighting for custody for 10 years against him) the probTION TOLD ME IF I WOULD DO A DRUG REHAB PROGRAM AND SHOW COMPLETED THAT I WOULD BE RELEASED FROM PROBATION. I did metion that at the time probation was yelling i said that you told me if i completed i would be off it and she said i dont care its not gonna be admissiable because i violated while i was on it so it didnt mean shit thats her exact words
Expert:  Colleen Grady replied 1 year ago.

You can make the claims that your lawyer did not give you the correct information. However, right now you have to lessen the damage. If you do not surrender you will be in more trouble and will be charged with more violations of your probation. You will be entitled to a probation violation hearing where you will be able to present evidence that your lawyer did not give you the proper information.

Customer: replied 1 year ago.
Really I don't have anyone to watch my kids we both know u can't fight in orange it's gonna his word against mine that is his job he doesn't wanna risk losing I'm sure what evidence do I have but my word this is so unfair this would be a first violation charge what am I facing how can I lessen this it's a night mare already I can't summit paperwork for program your not telling me much I need more info or shall I get another opinion I am willing to retain a lawyer if one can help or it's not worth it? Should I try contacting thT lawyer ? His? Boss or retain a lawyer to do all the legal work or complain to the 9th circuit
Customer: replied 1 year ago.
This is my lawyers fault I could have taken care of before I took any agreement
Expert:  Colleen Grady replied 1 year ago.

I will opt out so someone else will answer. I am only trying to caution you. If you do not follow the direction of your probation officer, a warrant will be obtained for your arrest.

Customer: replied 1 year ago.
The courts know I can't do anything because I have no care for my children what do u suggest I do about my kids who could help me when in there when family is away and I could be be there a long time and lose all custody of my daughter too there has to be another wY
Customer: replied 1 year ago.
Duh hello have you not heard me she said there are warrants out why didn't they say anything at court this is so not right or my fault
Expert:  Samuel II replied 1 year ago.

Hello Maria

This is Samuel. The prior professional is correct. If you have another question, you can ask it. Of course, we cannot tell you what to do with your children. But if there are warrants for you, you should consider surrendering because otherwise, they will come to your home or employment and arrest you and your children will be placed in foster care. Perhaps, there is a neighbor you can leave them with when you surrender. You also can contact your attorney and ask if you are on probation, if they say yes, you can ask why you were not informed of the same and request they assist you in the surrender. It is possible with the help of a local attorney that they could get the warrants quashed and ensure your appearance at the probation violation hearing.

Customer: replied 1 year ago.
You must not have read that before I plead to this last case my lawyer told me several times that I was not on probation any longer from a previous case if I had known I could have cleared it and not been on it when I plead to this case long before it was settled and that's what has affected this there would not be a violation I could have turned in that paperwork long ago but he told me I was not on probation and that is why the courts gave me 90 days woukdnt they have said no it's. Violation of probation and informed me then or informed my lawyer
Customer: replied 1 year ago.
Curious what they do in a case of violation of probation anyways
Customer: replied 1 year ago.
The violation is what they charge you with what if they dropped other things do they charge you one for each thing against probation and if I didn't know or lawyer didn't know and told me I wasn't then what
Expert:  Samuel II replied 1 year ago.

Hello Maria

It is possible that the plea agreement included your probation violation from a prior case. Only your court file is going to be able to full reveal that. Now, the fact that your attorney did not fully disclose whether you were on probation on not, does not negate that if you were there would be a violation. Though if you find that your attorney was negligent, you can file a Bar Complaint against them.

You ask what do they do in a case of violation of probation - and there are different sanctions and remedies provided to the court. The court can violate you and if that happens then impose any sentence that was suspended when the probation was granted or they can continue you on probation. If you surrender to the warrant, there is a greater possibility that the court will continue, depending on what the violation was. For instance, if it was a technical violation, such as you did not report to an agent because you did not know you were on probation, the court would more than likely continue it. However, if the violation is one because of a new crime, then that is less likely to happen.

Expert:  Samuel II replied 1 year ago.

Each violation can be counted individually. Yes.