What should I do if I was charged with failure to comply with a probation order? 15 Answers as of January 24, 2013

If I was never given a copy of the probation order, and the probationary period expired before I was charged, can my actions be considered a breach of probation? I never received notice.

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Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You may have some valid defenses. I would speak with a lawyer.
Answer Applies to: Nebraska
Replied: 1/24/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You should discuss the matter with your probation officer. If formally charged with VOP, I suggest you hire or contact your attorney for advice on how to proceed.
Answer Applies to: Illinois
Replied: 1/21/2013
Fenaughty & Associates, PC
Fenaughty & Associates, PC | Dan Fenaughty
The charge must be made within 30 days after probation expires.
Answer Applies to: Colorado
Replied: 1/21/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Suggest you retain counsel.
Answer Applies to: California
Replied: 1/21/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
I don't know if that will be a valid defense. It could depend on why you didn't receive the probation order. If it was your fault for not obtaining your probation order, that will not be a valid defense. Otherwise, it is a technical defense and you never know. However, contact your lawyer and see if the violation can be worked out, especially as it sounds, you had already completed the terms of your probation.
Answer Applies to: Nevada
Replied: 1/21/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    That does not make sense with regard to Texas law. If you have violated probation and a motion to revoke or adjudicated was filed before the time period expired, then you are facing potential revocation and the ensuing punishment.? If the probation expired before a motion to revoke or adjudicate was filed, then the probation is over and nothing can be done to you.
    Answer Applies to: Texas
    Replied: 1/21/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It depends on what the violation is but most judges read the conditions of probation to you from the bench and that is your notice.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    William L. Welch, III Attorney | William L. Welch, III
    The judge might not believe that you didn't receive a copy of the probation order, particularly if you didn't make any effort to obtain a copy on your own from the court clerk or your probation officer. However your probation officer has only 30 days after the last day of your probation in which to file a request for violation. Of course, if the request for violation was filed in a timely manner, then the court retains jurisdiction over you and your probation until you appear in front of the court to resolve it.
    Answer Applies to: Maryland
    Replied: 1/21/2013
    Hamblin Law Office | Sally Hamblin
    Not having a copy of order is not valid defense. The court reads it at sentencing, your agent may also review, generally. It is your responsibility to ask for copy if you lost yours or not given one. You are on probation until the judge signs a discharge. Not knowing if your probation charge was felony or misdemeanor do not know statutory rules. You probably were technically on probation when other charge came about. Not sure if it was committed while on probation or before. That will make a difference, too.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    Law Office of Karen L. Vervaecke
    Law Office of Karen L. Vervaecke | Karen L. Vervaecke
    You would be given a copy of the probation order at the sentencing, so if you can't be on probation if the "probationary period" expired before. A probation period cannot expire before you were charged.
    Answer Applies to: Nebraska
    Replied: 1/21/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Get a lawyer. The process is complicated and you could have some serious consequences.
    Answer Applies to: Massachusetts
    Replied: 1/21/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Hire a lawyer to represent you at the PV hearing. Don't get caught up about notice, which won't save you here.
    Answer Applies to: California
    Replied: 1/21/2013
    Edward D. Flint  PLLC
    Edward D. Flint PLLC | Edward D. Flint
    If your statutory probation period ended before the probation office issued a violation report and the court issued a warrant or an order to show cause, regardless of when the violation occurred, your probation is over.
    Answer Applies to: Utah
    Replied: 1/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Something is amiss, see an attorney or you are in trouble and any request for additional probation likely denied.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You should hire an attorney. There is probably a warrant out for your arrest for violation of probation. These are usually issued with no bond. Get counsel.
    Answer Applies to: Florida
    Replied: 1/21/2013
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