QUESTION
Is there a way to revoke probation if the probation period is already over?
Asked on Feb 17th, 2013 on Criminal Law - Georgia
More details to this question:
I missed three visits and owe $145.00 on probation restitution. I did not catch a new case but I have violation of probation bench warrant pending. Is there a way I can still revoke probation although my probation period was over on September 20, 2012. How much time can I face?
5 ANSWERS
Michael J. Breczinski
You did not show up and complete probation so you can still get jailed for the maximum on the crime.
Answered on Feb 21st, 2013 at 8:43 PM
Landlord & Tenant Attorney serving Thibodaux, LA
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The Louque Law Firm, L.L.C.
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As long as the motion seeking to revoke your probation was filed before your probation was over, your probation can be revoked. The amount of time you face is the jail sentence that as suspended. You should seek the advice of a criminal defense attorney to see whether there are any options to revocation.
Answered on Feb 20th, 2013 at 9:09 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If you have an active bench warrant that must be taken care of. Yes, the judge could revoke your probation and re-sentence you for the original offense. The amount of time you face depends on what the maximum penalty was for that offense and how much jail credit, if any, you have. The judge could also decide just to extend or add to your probation.
Answered on Feb 20th, 2013 at 8:34 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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Your probation period is suspended when your probation is revoked for non-compliance. The way the compliance occurs is to issue a warrant and bring you to court to explain why you should not be held for violating your probation terms. You face the maximum.
Answered on Feb 19th, 2013 at 10:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes you missed and have not paid the restitution. You can be in for your sentence.
Answered on Feb 19th, 2013 at 8:48 PM