What should I do if my previous probation officer did not record why I wasn’t able to report and now, the new officer is filing for violation? 22 Answers as of June 27, 2013

I was told I did not have to report to probation because my father was at home dying. I was told to report after his memorial service and brought proof of the service, which I did. I received a new probation officer and the original did not record any of this. The new probation officer gave me a violation for not reporting.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
You'll have to subpoena the old PO and hope he tells the truth.
Answer Applies to: Michigan
Replied: 10/8/2012
Hamblin Law Office | Sally Hamblin
All probation officers must document communication with clients. Just because you have a new one, he should have the come file. If you indeed had the conversation with previous officer, then plead not guilty to violation, get an attorney and prove what you said as true. If you failed to follow the orders of the probation officer, you can be violated.
Answer Applies to: Michigan
Replied: 10/7/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
When you appear at court you will need to bring the same information you gave to the past PO and explain what happened.
Answer Applies to: Minnesota
Replied: 10/5/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Show the new P.O. the same proof. Ask the old P.O. to vouch for you.
Answer Applies to: Pennsylvania
Replied: 10/5/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should retain a criminal lawyer to handle the case. Your lawyer can contact the probation and get confirmation of what he told you, and request a probation hearing. He can call the probation officer to testify as to what he told you. Unless he denies it you should win the hearing.
Answer Applies to: New York
Replied: 10/4/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Honestly, the best answer is to discuss this issue with your attorney or to find an attorney. If the new probation officer is finding you in violation of your probation there is a chance you can serve jail time and you want to be prepared to present your best case. The attorney can discuss this with your probation officer or the District Attorney to see if the violation charges can be dropped. Otherwise, you will have an opportunity to present your case before the Judge.
    Answer Applies to: Nevada
    Replied: 10/4/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Have your lawyer subpoena the previous po for a hearing.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Law Offices of Matthew M. Friedrich, PLLC | Matthew M. Friedrich
    It will really depend on the judge, at least to a great degree. If you have proof of your circumstances, I think you can make a compelling argument for leniency whether your circumstances were documented by your last probation officer or not.
    Answer Applies to: Michigan
    Replied: 10/4/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Your only answer is to present the information to the judge about the way the previous PO handled your case.
    Answer Applies to: Kansas
    Replied: 10/4/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    I would fight the matter and ask the State produce the old probation officer for the hearing.
    Answer Applies to: Michigan
    Replied: 6/27/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    With a violation, you will probably be required to go back before the judge. At that time, present your story and documentation. It will be up to the judge what happens.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Gates' Law, PLLC | Thomas E. Gates
    You present to the court the same documentation that you provided your new probation officer.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    When you report for the violation of probation, bring all these factors up to the court, and bring along an obituary of your father's passing. I am sure the court will give you another chance, and not send you off to prison or jail. It might be a good idea to have counsel with you, or accept the appointment of the public defender if offered his services by the judge.
    Answer Applies to: Illinois
    Replied: 10/3/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Show him proof.
    Answer Applies to: Nevada
    Replied: 6/27/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Take your proof to the hearing and tell the judge the prior PO excused you. If possible, subpoena the old PO.
    Answer Applies to: Washington
    Replied: 10/3/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Find the old probation officer and let him know what is going on and that you need him to testify in the violation of probation hearing.
    Answer Applies to: Florida
    Replied: 10/3/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    On any probation violation, you have a right to a hearing where you would present evidence and information related to the alleged violation. That is how you would defend against the allegation. You should have legal counsel.
    Answer Applies to: Minnesota
    Replied: 10/3/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Ask him to contact the previous PO.
    Answer Applies to: Washington
    Replied: 6/27/2013
    Attorney at Law | Michael P. Vollandt
    See if the old probation officer will speak with the new one. You are entitled for a court hearing on the violation so if you need to have a hearing subpoena in the old officer.
    Answer Applies to: California
    Replied: 10/3/2012
    Mary W Craig P.C. | Mary W Craig
    You will have a hearing. Subpoena the former probation officer to testify about your agreement, explain to the judge about your father dying, show him proof of the memorial service, and the judge probably will reinstate your probation.
    Answer Applies to: Alabama
    Replied: 10/3/2012
    Law Offices of Susan M. Pires | Susan M. Pires
    You should be able to present this evidence before a judge, and it will all be taken into consideration.
    Answer Applies to: Rhode Island
    Replied: 10/3/2012
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