QUESTION

Will my husband be put back on probation if he has a technical probation violation?

Asked on Mar 31st, 2014 on Criminal Law - Missouri
More details to this question:
Apparently my husband's probation violation is a technical violation, but I do not understand what that means exactly. He violated probation because he stopped reporting to his probation officer and this is his first violation. What is his chance of being put back on probation and what is a technical probation violation?
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3 ANSWERS

Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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There is no such thing as a "technical violation." Either he violated a term of his probation or he did not. Not showing up to report to your probation officer is considered a pretty serious violation. Whether not his probation will continue depends on what is probation officer will be recommending and how likely the judge is to follow it. Generally speaking, most judges will not revoke probation on the first violation unless it is very, very serious. However, is has been known to happen or he could be continued on probation and be placed in jail or have his probation extended. How many times did he miss reporting to his PO and what was his reason for not reporting? This will factor in as well. I would strongly advise him to be represented by an experienced criminal defense attorney that regularly handles probation violations in front of his particular judge.
Answered on Apr 02nd, 2014 at 5:29 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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What you describe is a violation of probation, and could cause him to be required to serve the remainder of any incarceration he was sentenced to. You must comply with all of the terms of his probation or is subject to incarceration.
Answered on Apr 02nd, 2014 at 5:29 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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It means he violated probation by failing to report to his probation officer. Not as serious as if he actually committed another crime, but still enough to have probation revoked. The prosecutor may file a motion to revoke his probation because of this violation. If so, there will be a probation revocation hearing before a judge, where the judge will decide whether to revoke your husband's probation and sentence him for the original crime.
Answered on Apr 02nd, 2014 at 5:28 PM

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