QUESTION
What should I do if I was charged with failure to comply with a probation order?
Asked on Jan 21st, 2013 on Criminal Law - Florida
More details to this question:
If I was never given a copy of the probation order, and the probationary period expired before I was charged, can my actions be considered a breach of probation? I never received notice.
8 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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That does not make sense with regard to Texas law. If you have violated probation and a motion to revoke or adjudicated was filed before the time period expired, then you are facing potential revocation and the ensuing punishment.? If the probation expired before a motion to revoke or adjudicate was filed, then the probation is over and nothing can be done to you.
Answered on Jan 21st, 2013 at 5:38 PM
Michael J. Breczinski
It depends on what the violation is but most judges read the conditions of probation to you from the bench and that is your notice.
Answered on Jan 21st, 2013 at 5:38 PM
You would be given a copy of the probation order at the sentencing, so if you can't be on probation if the "probationary period" expired before. A probation period cannot expire before you were charged.
Answered on Jan 21st, 2013 at 5:37 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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Get a lawyer. The process is complicated and you could have some serious consequences.
Answered on Jan 21st, 2013 at 5:35 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If your statutory probation period ended before the probation office issued a violation report and the court issued a warrant or an order to show cause, regardless of when the violation occurred, your probation is over.
Answered on Jan 21st, 2013 at 5:32 PM
Hire a lawyer to represent you at the PV hearing. Don't get caught up about notice, which won't save you here.
Answered on Jan 21st, 2013 at 5:32 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You should hire an attorney. There is probably a warrant out for your arrest for violation of probation. These are usually issued with no bond. Get counsel.
Answered on Jan 21st, 2013 at 5:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Something is amiss, see an attorney or you are in trouble and any request for additional probation likely denied.
Answered on Jan 21st, 2013 at 5:31 PM