What can i do if I was charged with a failure to comply with a probation order? 6 Answers as of August 24, 2011

I am charged with failure to comply with a probation order which I never saw, as I did not sign the original written form agreeing to it's terms, and conditions. My question is can this refusal to acknowledge, or recognize it be determined a breach in, an of itself, if I was never given a copy of the order. The probationary period had already expired some four (4), months before I was charged. Unbeknownst to me, a warrant had been issued immediately after my refusal to sign, approximately a year, an a half ago.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
All that matter is if you were charged before you were discharged from probation which you were. If you were not given a copy of the order, you could have a valid argument for not complying since you had no notice. However, you do not have to agree to the terms for it to be valid. If that were the case, anyone on probation could just refuse to agree to all of their probation terms. But you do have to be informed. You are entitled to a hearing on the matter if you like. I would suggest hiring a lawyer to discuss your options and likely outcomes in greater detail.
Answer Applies to: Michigan
Replied: 8/24/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Hire a lawyer.
Answer Applies to: Michigan
Replied: 8/6/2011
Attorney at Law
Attorney at Law | Steven C. Bullock
Would really be curious who the judge you are on probation to and the probation officer. Unfortunately, many probation officers have a special relationship with their judges which can effect judgement sometimes. A probation violation can land you in jail so it is important you handle this matter correctly, which means hire an attorney familiar with the judge and court.
Answer Applies to: Michigan
Replied: 8/5/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
At the time of sentencing, the judge should have told you the terms and conditions of probation. Your refusal to sign the order could be viewed as a contempt of court if the order complied with the order of the court. At this point, if there is a warrant for your arrest, you should consult with a competent criminal defense attorney and make arrangements to answer for the warrant.
Answer Applies to: Michigan
Replied: 8/5/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
You did not get a copy of the order but you stated that you refused to sign the order. If you were given an opportunity to sign and refused to then it is your own fault that you did not get a copy. The judge will not get impressed.
Answer Applies to: Michigan
Replied: 8/5/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You were sentenced in court, that is the order of the judge. You don't have to agree to it, and failure to comply is a violation. I don't think your argument will go to far with the judge. Best to get an attorney or at least consult with one.
    Answer Applies to: Michigan
    Replied: 8/5/2011
Click to View More Answers: