QUESTION
How much trouble am I in if I was unaware of a probation violation and was under the impression I was off probation?
Asked on Sep 19th, 2012 on Criminal Law - Michigan
More details to this question:
I am being charged with a probation violation of moving without written consent when I had told my probation officer in person that I was moving to my mother’s house. That is where all of my paper work was sent to, the court and the probation office had her address, I was supposed to be taken off probation and was under the impression I wasn't on it anymore. And 2 years later as I go in for a traffic violation they came to me and said I had a warrant for a PV years ago. It is my 1st offense and 1st probation violation, I haven't been in any other trouble since.
9 ANSWERS
Michael Paul Vollandt
Explain all of that to the Judge at the violation hearing and the Judge could well find there is no violation or to just terminate probation and be the end of it.
Answered on Jun 27th, 2013 at 9:25 PM
Leonard A. Kaanta
You could face jail time.
Answered on Oct 02nd, 2012 at 9:36 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Probably very little since you did not get in trouble for the 2 years, but you may have to do some jail time.
Answered on Sep 27th, 2012 at 4:45 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression, search and seizure, or other motions, or for trial. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 23rd, 2012 at 1:55 AM
Michael J. Breczinski
I would get an attorney and fight the matter. It sounds like you tried to comply.
Answered on Sep 23rd, 2012 at 1:54 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You should be either reprobated or released from probation, assuming you have a decent lawyer. The criminal court is not the place to try to defend yourself. There is too much at stake and the process is too complex for a person to navigate on their own. Hire a lawyer and go to court with him/her. You will not regret the decision.
Answered on Sep 23rd, 2012 at 1:52 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. 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 situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 23rd, 2012 at 1:51 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to hire an attorney for this. It does sound rather fishy that you were not arrested for the violation for two years, since you were easily findable.
Answered on Sep 20th, 2012 at 1:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and face the music. You have to get this corrected or your alleged violation will be deemed to be continuing.
Answered on Sep 20th, 2012 at 1:15 PM