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, 2013I 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.
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
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
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
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
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
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
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
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