QUESTION

Will my case be closed if I have not completed my probation?

Asked on Jul 24th, 2012 on Criminal Law - New Jersey
More details to this question:
Is it true that if you run from probation for four years and you dont get in trouble, your case will be closed?
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42 ANSWERS

Keeley D. Heath
No.
Answered on May 29th, 2013 at 1:36 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 1:36 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No.
Answered on May 29th, 2013 at 1:34 AM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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Absolutely NOT. If you do not comply with all terms of probation, you could be sentenced to the highest penalty that is allowed under the statute that you were charged with originally. Whoever gave you that advice was mistaken or outright WRONG!
Answered on Aug 03rd, 2012 at 2:29 PM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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It is administratively closed but the court can and usually pursue people who have not competed and thus violated probation. Contact the probation officer and make arrangements to complete the probation before you are stopped on a simple traffic infraction and are arrested on the probation violation.
Answered on Aug 01st, 2012 at 8:21 PM

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Not automatically. More likely you will end up with a bench warrant for your arrest and show cause for contempt for a probation violation.
Answered on Jul 30th, 2012 at 12:39 PM

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Accident Attorney serving Jackson, MS at The Lockhart Law Firm
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If you receive probation as a part of your sentence and you fail to complete probation, then you subject yourself to a revocation hearing where if you are found to be in violation of the terms and conditions of your sentencing you may be sent to jail to serve out any jail time that was suspended. In Mississippi, if you go on the run, they don't just close your case.
Answered on Jul 30th, 2012 at 12:33 PM

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NO. You still are a probation violator. You need to contact the court (or have a lawyer) to see what needs to be done to take care of your probation AND NOW probation violations. WHO told you? A lawyer? Didn't think so.
Answered on Jul 30th, 2012 at 10:39 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Of course not. If you failed to comply and complete any required action or payment under the terms of sentencing or probation, you will have an arrest warrant. Warrants are forever. The case will not be closed until you do what was required and the court receives proof of completion. If there is a warrant, to properly handle it you must turn yourself into the issuing court, and try to negotiate a recall of the warrant[s] and then deal with the new Failure to Appear charge and the outstanding charge that caused the warrant.
Answered on Jul 30th, 2012 at 10:22 AM

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Leonard A. Kaanta
The answer is no, the case will not be closed.
Answered on Jul 30th, 2012 at 10:06 AM

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Steven D. Dunnings
You must fulfill the terms of your probation. Chances are there's a warrant for your arrest
Answered on Jul 30th, 2012 at 9:52 AM

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Thomas Edward Gates
No, in fact your sentencing will likely be harsher.
Answered on Jul 30th, 2012 at 9:50 AM

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Absolutley not! You may have a warrant out for your arrest if you violated the terms and conditions of your probationparticularly if it was a probation for a felony conviction. I would strongly urge to speak with a criminal lawyer who can look into your criminal history and determine if a arrest warrant for your probation violation has been issued or determine what happened to that criminal case for which you received probation.
Answered on Jul 30th, 2012 at 9:49 AM

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Not true. If you have not completed all the terms of your probation (ie. attending alcohol class, community service...etc.) then your probation will never expire.
Answered on Jul 30th, 2012 at 9:42 AM

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When you compete probation it is over but you still have a record.
Answered on Jul 27th, 2012 at 10:54 PM

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If you have been running from probation for four years then there is probably a four-year-old warrant out on you. In addition, the court probably suspended your probation four years ago, so that the time has not been running while you were a fugitive. See a criminal lawyer to find out if you can get this resolved.
Answered on Jul 27th, 2012 at 10:54 PM

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No, you will be in violation of your probation and typically a bench warrant issues for your arrest.
Answered on Jul 27th, 2012 at 10:52 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Nope. But maybe depending on the county. Usually stays open. 4 years is not that long. Otherwise, everyone would do that.
Answered on Jul 27th, 2012 at 10:50 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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If you were on formal probation (i.e., for a felony) then your probation may have tolled if they have filed a petition alleging that you are in violation of probation. If you were on summary probation, then you should be fine as long as you stayed out of trouble.
Answered on Jul 27th, 2012 at 10:48 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It depends on whether or not you completed the terms of your probation and whether you are on formal or informal probation. If you "run from probation" and do not complete the terms of your probation, there is a good chance that a bench warrant has been issued for your arrest. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jul 27th, 2012 at 10:42 PM

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DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
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It is not true that if you abscond or run from probation the case will be closed after a period of time. In fact, a warrant will issue and remain in the system indefinitely. A person should make arrangements to have their probation reinstated by contacting an attorney who may be able to make arrangements with the probation officer and/or the District Attorney to surrender on the warrant and get back on track. If a person is arrested on the warrant there is a very real possibility that the person will remain in jail for an extended period of time until there is a hearing before the sentencing judge.
Answered on Jul 27th, 2012 at 10:42 PM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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Your case will not be closed if you run from probation. Usually before the expiration of your probation they issue a warrant for your arrest. Once you are found they have a reasonable time to violate your term otherwise the term of probation runs out.
Answered on Jul 27th, 2012 at 10:41 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would not bet on it. In the mean time try to avoid contact with the authorities or you may be receiving free overnight or weekend lodging.
Answered on Jul 27th, 2012 at 9:55 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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No, that is not true. If you do not report for probation, a warrant will be issued for your arrest. It will remain open until you take care of it.
Answered on Jul 27th, 2012 at 9:53 PM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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Not necessarily. Quite often if you fail to successfully complete all terms of your probation a probation violation hearing is scheduled. Failure to appear at that hearing would lead to the issuing of a bench warrant for your arrest. Of course, the court has the discretion to discharge you from probation, if it so chooses.
Answered on Jul 27th, 2012 at 9:49 PM

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Not if you had supervised probation. There is probably a bench warrant issued for your arrest. That may never be removed from the computers unless you go back to court. If you were on unsupervised probation and completed the conditions of your probation, any classes, fines etc and you have not been arrested for a new offense then probation may have run out and you may be ok.
Answered on Jul 27th, 2012 at 8:57 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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No. If you fail to comply with probation that is a violation and could result in jail time. By "running from probation" you have stopped any statute of limitations from running. Best bet is to come clean. That is the only way to get your case behind you.
Answered on Jul 27th, 2012 at 8:56 PM

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Bankruptcy Law Attorney serving Huntington Woods, MI at Austin Hirschhorn, P.C.
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I don't know where you got the information in your question. Probation is a matter of grace and there are no real rules or regulations that probation departments follow. It is possible that a case could fall between the cracks and the probation officer might not diligently follow up to make sure that the probationer was complying with what was ordered by the court and I have heard of such cases where the court dismissed the probationer from further reporting or extensions and the court reported the case as closed without improvement. I would never advise a client to disregard the terms of a probation order because the court always has the power to revoke the probation and sentence a defendant based upon the original charge in the case.
Answered on Jul 27th, 2012 at 8:56 PM

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Criminal Defense Attorney serving Everett, WA at Michael E. Jones Attorney at Law
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The court has authority to close your case; however, the usual procedure would be to issue a bench warrant and extend your probation until you are caught or report voluntarily. Contact your original attorney immediately.
Answered on Jul 27th, 2012 at 8:54 PM

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Sex Crime Attorney serving Dedham, MA at John DeVito
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If there were conditions of your probation or if you had to return to court at the end of probation, then the case is not closed. You are probably in default and a warrant may exist for your arrest. If this is a Massachusetts case you will not be able to renew your driver's license if you are in defauilt. I suggest you contact the court in question and find out your current status of hire an attorney to do that for you.
Answered on Jul 27th, 2012 at 8:53 PM

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Gregory Graf
The case will be closed but not sealed; there will still be a record of the arrest and case disposition. Having your records sealed is a separate process.
Answered on Jul 27th, 2012 at 8:51 PM

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No, it won't work. You will more than likely go to jail our prison. Just complete the probation!
Answered on Jul 27th, 2012 at 8:50 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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If you successfully complete probation without any violations, then if you originally received an SIS (suspended imposition of sentence), your original charge will be dismissed and there won't be a conviction on your record.
Answered on Jul 27th, 2012 at 8:48 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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No. Usually, if a person does not comply with probation, the prosecutor will file an order to show cause. If the person does not show up for the order to show cause date, a warrant for the persons arrest will issue. The warrant will remain in place until they capture the person or the person files a motion to recall the warrant. In short, running, for any amount of time, will not help.
Answered on Jul 27th, 2012 at 8:48 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Not true. Warrant will issue for your arrest.
Answered on Jul 27th, 2012 at 8:47 PM

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Bruce Arthur Plesser
No but if you can prove there was no action to look for you you may have a slim shot.
Answered on Jul 27th, 2012 at 8:46 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Very untrue. Why would running away help anyone on probation? Get a lawyer, prepare your reasons for violating and get to court to face the music.
Answered on Jul 27th, 2012 at 8:46 PM

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James Edward Smith
Wrong. You could be given a dishonorable discharge or arrested.
Answered on Jul 27th, 2012 at 8:45 PM

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I do not believe that that is true. My best guess will be that at some point the court will issue an Order to Show Cause for you to explain why you haven't completed and/or violated your probation. When you don't show up, the court will likely issue a warrant for your arrest and that warrant will stay active until the next time you get pulled over or arrested for whatever reason. At that point, you will have to go back to court and explain why you ran from probation for four years.
Answered on Jul 27th, 2012 at 8:45 PM

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Personal Injury Attorney serving North Wales, PA
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No, in my experience they simply issue a bench warrant and let it sit there until you are caught. Perhaps different counties may handle it differently.
Answered on Jul 27th, 2012 at 8:44 PM

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No. generally, if you run from probation you will end up with a warrant for your arrest. If the warrant was not issued during the time period in which you were on probation, we can generally get the warrant recalled and the case closed, but most of the time the court will issue a warrant prior to the expiration of your probation if you have not provided proof of completion.
Answered on Jul 27th, 2012 at 8:44 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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No that is not true. What will happen is that your case will be closed and a warrant issued for your failure to complete probation.
Answered on Jul 27th, 2012 at 3:11 PM

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