Is there a statue of limitations on probation violation? 49 Answers as of June 26, 2013

My husband has a 10 year old violation of probation for a battery. I would like to know if he can still be prosecuted?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The statute of limitations only refers to the timeframe in which he can be charged. If he was charged in time, even if it is years and years later he can still be held accountable for the violation. He should consult with a lawyer to get it taken care of as soon as possible. If not, it will remain and if he comes into contact with the police, he can be arrested and brought in .
Answer Applies to: Michigan
Replied: 8/24/2011
Anderson Walsh PLLC
Anderson Walsh PLLC | STACI LYNN ANDERSON
If he is still on probation, the state can file a probation violation. However, if it was ten years ago, it is very unlikely a) that your husband is still on probation, or b) that the state will file a probation violation based only on that one incident.
Answer Applies to: Idaho
Replied: 9/20/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
Once a violation of probation is filed the statute is tolled. he can still have his probation revoked.
Answer Applies to: Alabama
Replied: 8/19/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
THere is no statute of limitation on probation violations. Yes he could still be presecuted if he is caught.
Answer Applies to: Alabama
Replied: 8/19/2011
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
It depends on why it is so old. If he absconded from bond for example, then there isno time limitation. I would need to know more facts before I could give you a reliable answer. If there is a due process violation as a result of a delay caused by the prosecution, court or probation department, then a Motion to Dismiss the VOP should be filed.
Answer Applies to: Michigan
Replied: 8/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A probation violation may be brought at any time before the probation period has expired.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    In general, the limit of probation is the limit of jurisdiction. For example, misdemeanor assault has a two-year jurisdiction for probation. However, if your husband has failed to comply, that time can be extended. It sounds like he had better do whatever it is he was supposed to do and get himself to court so his probation can be closed.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    No, once the violation is filed, it remains in effect indefinitely, usually until the offender is apprehended, and the probation is tolled, that is, remains in effect until the violation is resolved by the court.
    Answer Applies to: Illinois
    Replied: 8/18/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If a PV was charged, a warrant may have been issued. If not discharged from probation, regardless of the time that has gone by, the general rule would be that the case could be still prosecuted. There may be some exceptions. You should have your attorney review the specific facts in your case to better assist you. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 8/18/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend that your husband retain an attorney to assist him with this matter. All probationers have rights. If any probationer is charged with a probation violation, they have a right to hearing, a right to call witnesses, and many other rights. Speaking generally, If the issue is related to an outstanding warrant, then it's possible older issues like that proceed. Probation terms, generally, in Michigan, with a small number of exceptions, are usually five years or less for felonies. Unless he was under an older form of lifetime probation, it makes no sense that they would be attempting to prosecute an alleged violation now. I'd recommend you retain local council to assist you with this matter.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Yes he can if in warrant status.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    There is no statute of limitations for probation violations. However, there is a Supreme Court case, State of Kansas v Heines that addresses whether there has been an excessive time period to serve the warrant. This case may have an effect on whether the probation violation could still be prosecuted. You should consult with an attorney.
    Answer Applies to: Kansas
    Replied: 8/17/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    The SOL on a revocation of probation is very simple, the State must file the Motion during the term of probation. If he is discharged before they file, the state is out of luck. However, I routinely find that probationers unwittingly sign extensions. Probation Officers often tell a probationer they are about to be violated and the probationer will usually sign an amendment of terms (without reading or understanding them, or in the alternative without caring about the terms) that is later used to violate them within the time limits.
    Answer Applies to: Texas
    Replied: 8/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course he can. Warrants are forever, and one was issued back then when the violation occurred. To handle a warrant, you must turn yourself into the court issuing the warrant, with or without an attorney, and try to negotiate a recall of the warrant and a plea bargain on the charges that caused the warrant. Doing so voluntarily will result in a better outcome than being brought in cuffs to court after arrest on the warrant. That can happen if you come in contact with law enforcement or customs anywhere in the US. Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, and may enable you to get your probation reinstated. If this is a felony, the defendant must be personally present at every court hearing and appearance. If this is a misdemeanor, the attorney can appear in court without the defendant being present. Unless you're competent to effectively represent yourself in court against a professional prosecutor trying to put you in jail, most people hire an attorney who can.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary says your husband has a 10 yr. old "violation of probation", and you want to know if he can still be prosecuted for that violation. If he was not charged with a violation, taken to court, and either plead guilty or was found guilty by a judge then he cannot now be charged for that violation. If he is currently off probation he cannot violate the terms of probation. If he was already found guilty of the violation then double jeopardy prevents you from being prosecuted a second time for any crime or offense, unless you are charged in State Court, and then charged in Federal Court for the same offense that has a separate federal crime that can be charged and tried despite a prior state crime. An example of this is possession of drugs, sale of drugs, and possession of a weapon. They are both state and federal crimes. If you cross state lines you can commit a crime in three different states and be prosecuted on all charges. If you use the mail or internet to commit a crime it is both a state and a federal crime. You can violate probation in any state, but you would be prosecuted in the state that placed you on probation for the violation of probation, The other state would prosecute you on the crime you committed in that jurisdiction.
    Answer Applies to: New York
    Replied: 8/17/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This will largely depend up on the terms of his probation and also the reason that he has not yet been prosecuted. If he has been on the run or intentionally avoiding authorities, the time for the prescription date of the statute of limitations has not been running so there is no reason that prosecutor's would no longer be able to bring charges.
    Answer Applies to: Louisiana
    Replied: 8/17/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    There is no statute of limitations applicable in your husband's case even though the violation happened 10 years. As long as the probation violation report and warrant were filed no later than 6 months after the expiration of his probationary period for a violation of a condition of probation that occurred while on probation, your husband can still be arrested on the warrant and brought before the sentencing judge for a probation violation. If there was any stayed jail time imposed at the time of his sentencing, a judge could revoke his probation after a hearing and impose additional jail time. You should hire an experienced criminal defense attorney to check the history of the case and look for defenses to the revocation. It may also be possible to avoid any more jail time and have the warrant cleared give the age of the case.
    Answer Applies to: Minnesota
    Replied: 8/17/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Probation implies that your husband has already been sentenced.. Probably a suspended sentence, which means if he did not comply with the terms of probation, a judge could order jail time and additional monetary fines. There is no statute of limitations on a probation violation. You best talk with an attorney who can direct you through the process.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The warrant is out there and is still active. He should get an attorney and get the matter settled. If he has been a law abiding citizen for the last 10 years then maybe they will dismiss the matter.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    No, there is no statute of limitations.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    I would need to know more facts. If the probation revocation was filed before his probation expired, and he absconded (left jurisdiction/didn't appear for court), it may be possible.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer better, but if your husband is or was actively trying to avoid prosecution then the statute of limitations would be tolled ( stopped or paused during that time).
    Answer Applies to: New York
    Replied: 8/16/2011
    The Purnell Law Firm
    The Purnell Law Firm | Simon Purnell
    If the probation term was completed and the state did not file a motion to revoke before the completion date, then the court has lost jurisdiction over your husband. If a motion was filed, but the state has not done anything to have it heard, it is presumed to be a speedy trial violation (although there are some specific elements that need to be met).
    Answer Applies to: Texas
    Replied: 8/16/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A violation of probation can still be prosecuted after 10 years, but normally they settle do to proof issues. People move on and it becomes harder to prove. He really needs an attorney to have the warrant cleared and to get the matter taken care of.
    Answer Applies to: Nebraska
    Replied: 8/17/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The answer would depend on whether the matter has been closed and whether he has been discharged from probation. For more information, contact Craig W. Elhart at (231) 946-2420.
    Answer Applies to: Michigan
    Replied: 8/16/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    There is no Statute of Limitations on a vop. Often times attorneys can take care of old vops without significant court action. It depends on the charge and the circumstances. I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/16/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    No. In fact, when a person fails to report or can't be found the court will put what is called a tolling order in place. That stops the running of the sentence until the missing probationer is found and brought back to the court.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Technically, there is no time limit. Practically, there may be something that can be done.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    It depends; he may be able to make a speedy trial argument. If he was charged with the violation, never missed court and never filed any motions, he may be able to have the matter discharged for violation of his right to a speedy trial.
    Answer Applies to: Nebraska
    Replied: 8/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it can. When there is a PV, the probation time is stayed. This is to prevent people from getting around PV's just by staying low and returning years later.
    Answer Applies to: California
    Replied: 8/16/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    We do not have "battery" in Texas. And if he is still on probation and violated even the first day, they can use it to revoke him on the last day. If you are saying that he absconded from probation 10 years ago and asking if he can still be prosecuted, the answer is yes. He may be able to beat the situation although they have tightened down on the defense but he is certainly subject to being arrested, brought to court, and an attempt will be made to put him in prison or jail, whichever is applicable.
    Answer Applies to: Texas
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    YES, unfortunately he can be prosecuted. If the court issued a warrant for his arrest for a violation of probation there is no statute of limitations that would prevent him from being arrested. You should contact us so we can help your husband resolve this for him so he doesn't have to be looking over his shoulder.
    Answer Applies to: California
    Replied: 8/16/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There is no statutory limitation that I am aware of for a probation violation.
    Answer Applies to: Massachusetts
    Replied: 8/16/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    It depends on whether the probation was revoked. If it was revoked, he is still on probation and can be violated.
    Answer Applies to: California
    Replied: 8/16/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    If a bench warrant was issued for violating probation, jurisdiction is tolled. Statute of limitations does not apply.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    A probation violation is not the same as a new charge such that a statute of limitaion would be available as a shield to prosecution. I assume there is an outstanding warrant for failure to appear for a probation violation hearing. If this is the case then the probationary period would be tolled or suspended such that the court would still be able to order sanctions if the violation is proven. You might want to hire an attorney to help you with this. He/she could best advise you on how to proceed. There are things that may be able to be done to minimize any consequences if your husband decides to do what it takes to get this behin d him.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If it was filed with the court prior to his probation ending then he can still be prosecuted for it, in most cases.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you mean that the charge was filed against him and he didn't show up. Then yes, they can still prosecute him. But, if he committed a violation yet no charge was filed against him then I would say no, he's in the clear.
    Answer Applies to: New York
    Replied: 8/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If his probation is finished, NO, but if he has committed a new spousal battery offense they can charge him with that one.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    There is no statute of limitations on probation violations.
    Answer Applies to: Washington
    Replied: 8/16/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    Every probationary term is fixed for a certain time, typically 3-5 years depending on the seriousness of the underlying offense. If there person successfully satisfied the terms and conditions of his/her probation for the designated timeframe, the probation will terminate upon the expiration of that timeframe. Most misdemeanors in California carry a 3 year probationary term. That means after 3 years, the probation will automatically terminate so long as all of the conditions of probation have been satisfied (i.e. fines, fees, classes, etc). If the terms of probation were not satisfied, the probationer would still be in violation of probation and subject to further punishment, no matter how many years have passed.
    Answer Applies to: California
    Replied: 8/16/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It will never go away. There is no statute of limitations because it is a violation, not a new charge.
    Answer Applies to: Michigan
    Replied: 8/16/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    If he was in abscond status then the answer is likely yes. However, your question mentioned "battery" there is no such crime in Oregon. Is the charge assault?
    Answer Applies to: Oregon
    Replied: 8/16/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Yes. The fact that your husband has evaded responsibility for 10 years will not innure to his benefit. He should surrender, and seek to limit any punishment the court may impose.
    Answer Applies to: New York
    Replied: 8/16/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    It depends on whether the violation occurred during the period of probation. If it occurred after probation expired, there is no violation.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    The main issue is that there is a probation violation complaint filed with the court prior to the end of the probation term. So long as that is done, the SOL is satisfied. If the complaint was not filed prior to the end of the probation term, then probation is over and the case should be closed. If the complaint is 10 years old, then maybe the DA cannot prove it. There are ways to fight this.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Law Office of Maureen Furlong Baldwin
    Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
    You must still be on probation to be violated for a probation violation. Probation typically expires within 1-5 yrs after you are sentenced, depending on how long the judge puts you on probation. The problem occurs when a probation violation is filed in court. If, for example, you were 2 years into a 3 year probation when you committed a probation violation and then skipped the court date. Typically the court will revoke probation so that it does NOT EXPIRE. that can result in cases where the violation occurred years ago, as your husband's still being active warrants. Depending on the courthouse and the jurisdiction, sometimes a court will go thru the old warrants and dismiss them if there has been no action. so while there is no statute of limitations on a probation violation, there are a lot of factors that will determine whether the case is alive or not.
    Answer Applies to: California
    Replied: 8/16/2011
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