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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2983
Experience:  associate attorney
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My boyfriend is on probation. If I'm not mistake a felony

Customer Question

Hello. My boyfriend is on probation. If I'm not mistake a felony probation. He feels he is violated because his probation officer has changed also that his case worked came to his dad house (where he used to live) and asked for him. His phone was off for about a month so he had no way into getting contact with them. His father lied to his case worker and said that he is still doing criminal activities. Yes I am his girlfriend but he is not doing criminal activity. He's come so far and has been working and doing everything right. He's in school and everything. I'm worried for him. What's going to happen since his case worker said he needs to come in now?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using

A violation of probation is a serious offense that can result in a harsher punishment than if you never were placed on probation in the first place. Probation violations are common in the criminal justice system. Many times the State will use a violation of probation as leverage when a person commits another crime, or is accused of committing another crime. The standard of proof in a violation of probation hearing is much lower than that in a normal case. So it is an easy way for the State to keep a person in the system.

Most likely, your boyfriend needed to check in monthly and you said he had his phone turned off for a month. He needs to do his monthly check in. If his case work (probation officer) wants him to come in, he should do so immediately. It does not mean that he is necessarily going to be held for a violation of his probation, only that he needs to explain himself. If there is no evidence that probation has been violated, then nothing will happen, but if he is not maintaining the appropriate contact, that is technically a violation. A violation is reported to the judge by the probation officer in the form of an affidavit. Upon receipt of the affidavit, the judge has the discretion to issue a warrant for arrest or dismiss the violation. Upon issuance of the warrant his term of probation is tolled. He will either be arrested or be required to turn himself into the county jail. Felony violations of probation usually have a no-bond status. Therefore his attorney will have to set a bond hearing immediately. At this hearing most cases will be resolved. If not resolved then the case will be set for a violation hearing. At the hearing the judge will determine if he has violated his probation. This is not necessarily what will happen but what could happen if he is found to have violated his probation.

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Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?