QUESTION

If I get off probation in a month and I have been on the run, is it true my probation will go away?

Asked on Aug 22nd, 2013 on Criminal Law - Alabama
More details to this question:
I have been on probation for 7 years.
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7 ANSWERS

If a notice of probation violation was ever filed and a warrant issued, then the time was tolled. For example, if you had been on probation for 2 years and a notice of probation violation was filed and you were on the run for 3 years, you have only been on probation for 2 years.
Answered on Aug 30th, 2013 at 2:28 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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No. If you skip out on probation before you have been released, then you have a probation violation for non-compliance, which could result in a warrant for your arrest.
Answered on Aug 30th, 2013 at 2:28 PM

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Thomas Edward Gates
No, your probation does not go away. You are in violation of your sentencing and will be resentenced.
Answered on Aug 30th, 2013 at 2:28 PM

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Michael J. Breczinski
No. If you are an absconder then the warrant for your arrest will survive.
Answered on Aug 30th, 2013 at 2:28 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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No, if you have not been complying you will have been violated, and neither the probation or its violation will go away.
Answered on Aug 30th, 2013 at 2:28 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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No. False. At some point in the past - when you didn't report to your probation officer, didn't pay your fines/fees, or didn't do something else you were supposed to have done as a condition of your probation - a revocation petition to was filed. If not, just prior to the end of your probation a review will take place to see if you have satisfied all the conditions and if not, a petition will be filed. A warrant of arrest will then be issued. Once that happens probation is "tolled," which means that the time will not run out. You will either have to go to court to clear this up (perhaps, face some additional punishment) or be arrested sooner or later on that warrant (what happens to most people who abscond). If probation just ended everyone would ignore it and simply let it expire. That doesn't make any sense, does it?
Answered on Aug 30th, 2013 at 2:28 PM

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John J. Carney
If you violate probation by leaving before it is complete it will be a violation of probation and that will never "go away" as you had hoped.
Answered on Aug 30th, 2013 at 2:28 PM

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