Will my case be closed if I have not completed my probation? 83 Answers as of May 29, 2013

Is it true that if you run from probation for four years and you dont get in trouble, your case will be closed?

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Law office of Robert D. Scott | Robert Scott
Maybe, but you probably have a warrant for your arrest.
Answer Applies to: Maryland
Replied: 8/17/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
It is unlikely that any case will be close while someone is on probation if they are fleeing the state of conviction. It would be best to talk with a criminal defense lawyer about ways to resolve the warrant that will remain out for you until the case is resolved.
Answer Applies to: Oregon
Replied: 8/8/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Absolutely NOT. If you do not comply with all terms of probation, you could be sentenced to the highest penalty that is allowed under the statute that you were charged with originally. Whoever gave you that advice was mistaken or outright WRONG!
Answer Applies to: Massachusetts
Replied: 8/3/2012
Law Office of William L Spern | William Spern
It is administratively closed but the court can and usually pursue people who have not competed and thus violated probation. Contact the probation officer and make arrangements to complete the probation before you are stopped on a simple traffic infraction and are arrested on the probation violation.
Answer Applies to: Michigan
Replied: 8/1/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
No. If you don't complete conditions of your probation you will get a probation violation which will remain open until it is dealt with.
Answer Applies to: Minnesota
Replied: 8/1/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    If you receive probation as a part of your sentence and you fail to complete probation, then you subject yourself to a revocation hearing where if you are found to be in violation of the terms and conditions of your sentencing you may be sent to jail to serve out any jail time that was suspended. In Mississippi, if you go on the run, they don't just close your case.
    Answer Applies to: Mississippi
    Replied: 7/30/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    NO. If you fail to appear for your Probation "Return Date", they will issue a "Probation Revocation Notice" on your case and a possible warrant if you fail to appear. It doesn't "just disappear"!
    Answer Applies to: Missouri
    Replied: 7/30/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    NO! The State can and likely will file a Motion to Extend. Even if you are not served/arrested on the violation of probation (by not showing up or participating) or Motion to Extend (you still owe money or community service but did not otherwise violate your probation) the Statute of Limitation will toll as long as it was filed before you were discharged from probation. Four years is a nominal number, it means nothing in this context, the question is "when is the probation due to be complete?". Think of it this way, if you are on probation for 10 years starting January 2000 (due for discharge December 2009) and you run - the DA has until December 31, 2009 to file charges on the probation violation. So long as the MTR is filed before discharge date, you are on the hook and the arrest warrant will stick and there is no statute of limitations on how long it takes to bring you in. So, the answer to your question is an absolute and unequivocal NO!, it is NOT true, it is a false belief that will bite you squarely in the ass when you least expect it.
    Answer Applies to: Texas
    Replied: 7/30/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    No, it is not true. Conversely, your chance at probation is probably off the table.
    Answer Applies to: Alabama
    Replied: 7/30/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    NO. You still are a probation violator. You need to contact the court (or have a lawyer) to see what needs to be done to take care of your probation AND NOW probation violations. WHO told you? A lawyer? Didn't think so.
    Answer Applies to: Michigan
    Replied: 7/30/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Of course not. If you failed to comply and complete any required action or payment under the terms of sentencing or probation, you will have an arrest warrant. Warrants are forever. The case will not be closed until you do what was required and the court receives proof of completion. If there is a warrant, to properly handle it you must turn yourself into the issuing court, and try to negotiate a recall of the warrant[s] and then deal with the new Failure to Appear charge and the outstanding charge that caused the warrant.
    Answer Applies to: California
    Replied: 7/30/2012
    Law Offices of Patricia M. Corrales
    Law Offices of Patricia M. Corrales | Patricia M. Corrales
    Absolutley not! You may have a warrant out for your arrest if you violated the terms and conditions of your probationparticularly if it was a probation for a felony conviction. I would strongly urge to speak with a criminal lawyer who can look into your criminal history and determine if a arrest warrant for your probation violation has been issued or determine what happened to that criminal case for which you received probation.
    Answer Applies to: California
    Replied: 7/30/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Will my case be closed if I have not completed my probation? NO Question Detail: Is it true that if you run from probation for four years and you dont get in trouble, your case will be closed? NO, it will always be outstanding and you will be subject to arrest.
    Answer Applies to: Nevada
    Replied: 7/30/2012
    Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
    Usually your case will not be closed unless you have completed all court-ordered requirements, such as completing your probation. In fact, if you do not complete these requirements, and you approach the court at a later date in the far distant future, you may be facing the further wrath of the judicial system.
    Answer Applies to: Rhode Island
    Replied: 7/30/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not true. If you have not completed all the terms of your probation (ie. attending alcohol class, community service...etc.) then your probation will never expire.
    Answer Applies to: California
    Replied: 7/30/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    When you compete probation it is over but you still have a record.
    Answer Applies to: California
    Replied: 7/27/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    If you have been running from probation for four years then there is probably a four-year-old warrant out on you. In addition, the court probably suspended your probation four years ago, so that the time has not been running while you were a fugitive. See a criminal lawyer to find out if you can get this resolved.
    Answer Applies to: Missouri
    Replied: 7/27/2012
    Shane Law Office
    Shane Law Office | Robert J. Shane
    No, a warrant for you arrest will be requested by your probation officer for failure to comply with conditions.
    Answer Applies to: Minnesota
    Replied: 7/27/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    No, you will be in violation of your probation and typically a bench warrant issues for your arrest.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    Miel & Carr, PLC
    Miel & Carr, PLC | Keeley D Heath
    No.
    Answer Applies to: Michigan
    Replied: 5/29/2013
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Nope. But maybe depending on the county. Usually stays open. 4 years is not that long. Otherwise, everyone would do that.
    Answer Applies to: Texas
    Replied: 7/27/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    If you were on formal probation (i.e., for a felony) then your probation may have tolled if they have filed a petition alleging that you are in violation of probation. If you were on summary probation, then you should be fine as long as you stayed out of trouble.
    Answer Applies to: California
    Replied: 7/27/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    No it is not true. If you do not complete your probation successfully, you face a violation of probation and a substantial likelihood of jail time.
    Answer Applies to: New York
    Replied: 7/27/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    If you mean "run" as in hide or are on warrant status then you're still answerable to the jurisdiction of the court.
    Answer Applies to: Washington
    Replied: 7/27/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    It is not true that if you abscond or run from probation the case will be closed after a period of time. In fact, a warrant will issue and remain in the system indefinitely. A person should make arrangements to have their probation reinstated by contacting an attorney who may be able to make arrangements with the probation officer and/or the District Attorney to surrender on the warrant and get back on track. If a person is arrested on the warrant there is a very real possibility that the person will remain in jail for an extended period of time until there is a hearing before the sentencing judge.
    Answer Applies to: Nevada
    Replied: 7/27/2012
    Universal Law Group, Inc. | Francis John Cowhig
    It depends on whether or not you completed the terms of your probation and whether you are on formal or informal probation. If you "run from probation" and do not complete the terms of your probation, there is a good chance that a bench warrant has been issued for your arrest. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 7/27/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Your case will not be closed if you run from probation. Usually before the expiration of your probation they issue a warrant for your arrest. Once you are found they have a reasonable time to violate your term otherwise the term of probation runs out.
    Answer Applies to: Rhode Island
    Replied: 7/27/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No, that is not true. If you do not report for probation, a warrant will be issued for your arrest. It will remain open until you take care of it.
    Answer Applies to: Florida
    Replied: 7/27/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would not bet on it. In the mean time try to avoid contact with the authorities or you may be receiving free overnight or weekend lodging.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Not necessarily. Quite often if you fail to successfully complete all terms of your probation a probation violation hearing is scheduled. Failure to appear at that hearing would lead to the issuing of a bench warrant for your arrest. Of course, the court has the discretion to discharge you from probation, if it so chooses.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    Law Office of Gregory Crain | Gregory Crain
    No.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    That is not true. The probation stopped running provided that the probation officer took a warrant out for your arrest. When the warrant was taken out the running of the probation stopped.
    Answer Applies to: Georgia
    Replied: 7/27/2012
    Steven Alpers | Steven Alpers
    Not if you had supervised probation. There is probably a bench warrant issued for your arrest. That may never be removed from the computers unless you go back to court. If you were on unsupervised probation and completed the conditions of your probation, any classes, fines etc and you have not been arrested for a new offense then probation may have run out and you may be ok.
    Answer Applies to: California
    Replied: 7/27/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No. If you fail to comply with probation that is a violation and could result in jail time. By "running from probation" you have stopped any statute of limitations from running. Best bet is to come clean. That is the only way to get your case behind you.
    Answer Applies to: Washington
    Replied: 7/27/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    I don't know where you got the information in your question. Probation is a matter of grace and there are no real rules or regulations that probation departments follow. It is possible that a case could fall between the cracks and the probation officer might not diligently follow up to make sure that the probationer was complying with what was ordered by the court and I have heard of such cases where the court dismissed the probationer from further reporting or extensions and the court reported the case as closed without improvement. I would never advise a client to disregard the terms of a probation order because the court always has the power to revoke the probation and sentence a defendant based upon the original charge in the case.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    Satch Ejike, PhD, LL.M. | Satch Ejike
    No, your case will not be closed if your probation is open. Your case is not closed if you're in violation of probation. You're in violation of probation if you run from it.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    William L. Welch, III Attorney | William L. Welch, III
    No, you might have a warrant for violating probation.
    Answer Applies to: Maryland
    Replied: 7/27/2012
    Salladay Law Office | Lance Salladay
    No- more than likely, if you run and are ever picked up for anything there will be a record of an outstanding warrant for your arrest and you could be sent back to face the probation violation and a new absconding charge.
    Answer Applies to: Idaho
    Replied: 7/27/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    No - the case is closed when your probation officer sign off.
    Answer Applies to: New Jersey
    Replied: 7/27/2012
    Michael E. Jones, P.S. | Michael E. Jones
    The court has authority to close your case; however, the usual procedure would be to issue a bench warrant and extend your probation until you are caught or report voluntarily. Contact your original attorney immediately.
    Answer Applies to: Washington
    Replied: 7/27/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    The case will be closed but not sealed; there will still be a record of the arrest and case disposition. Having your records sealed is a separate process.
    Answer Applies to: Colorado
    Replied: 7/27/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It has not been my experience that the case will be closed. Rather a warrant will remain outstanding until you are picked up on it, or at a minimum the case never 'closes' but remains open needing to be dealt with.
    Answer Applies to: Colorado
    Replied: 7/27/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    If there were conditions of your probation or if you had to return to court at the end of probation, then the case is not closed. You are probably in default and a warrant may exist for your arrest. If this is a Massachusetts case you will not be able to renew your driver's license if you are in defauilt. I suggest you contact the court in question and find out your current status of hire an attorney to do that for you.
    Answer Applies to: Massachusetts
    Replied: 7/27/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    Probation comes in two basic types, supervised and unsupervised. The former requires you to report and once you complete that period of probation, your probation officer should file something stating that it has been completed. The latter is a time certain and the courts do not typically have a system which keeps the case open and on a docket UNLESS there are other conditions of your probation like payment of restitution, fines, court costs OR completion of CRO program like anger management, etc. Neither of the types generally require subsequent appearances in court UNLESS you have failed to satisfy all requirements by the end of your term of probation.
    Answer Applies to: Alabama
    Replied: 7/27/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If that were true, wouldn't everyone do it. The answer is no in Alabama.
    Answer Applies to: Alabama
    Replied: 7/27/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    No.
    Answer Applies to: Illinois
    Replied: 5/29/2013
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    No, of course not. To do so would simply encourage people to run and just hope they could avoid being caught and it will automatically go away. This is the kind of information you may get from drunks and fools who just like to hear themselves talk. Contact a lawyer who could help you get back in good graces with the court if it is not too late. The longer you wait the worse it becomes. If you are arrested first and brought before the court, you are pretty well screwed if you didn't take steps to correct the problem.
    Answer Applies to: Missouri
    Replied: 7/27/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    No, it won't work. You will more than likely go to jail our prison. Just complete the probation!
    Answer Applies to: Utah
    Replied: 7/27/2012
    Pietryga Law Office | Russ Pietryga
    No. Usually, if a person does not comply with probation, the prosecutor will file an order to show cause. If the person does not show up for the order to show cause date, a warrant for the persons arrest will issue. The warrant will remain in place until they capture the person or the person files a motion to recall the warrant. In short, running, for any amount of time, will not help.
    Answer Applies to: Utah
    Replied: 7/27/2012
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    If you successfully complete probation without any violations, then if you originally received an SIS (suspended imposition of sentence), your original charge will be dismissed and there won't be a conviction on your record.
    Answer Applies to: Missouri
    Replied: 7/27/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Not true. You can be discharged from probation without completion which usually results in jail time. But you should not run from the problem. It is likely that you have a bench warrant if you have failed to show.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you violate probation in any way your probation officer could have you arrested and brought in front of the judge that sentenced you. You would be entitled to plead guilty to the probation violation, request a hearing, or retain an attorney. You would be assigned one if you qualify. If you abscond there is not a bail and it is not bail jumping and they are not likely to extradite to for a VOP, but there could be a warrant for your arrest that could show up on computers in airports, borders, customs, and other states police computers. It is not wise to take off or violate probation.
    Answer Applies to: New York
    Replied: 7/27/2012
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    No. Running never helps. Contact a lawyer to arrange a proper surrender so as to limit damage.
    Answer Applies to: New York
    Replied: 7/27/2012
    Cook & Cook Law Firm, PLLC (SanAntonioDefenders)
    Cook & Cook Law Firm, PLLC (SanAntonioDefenders) | Megan V. Cook
    Assuming your probation was for a class B misdemeanor or higher: No, your case will not be closed after 4 years. You will have an active warrant for your arrest. You will need to hire a criminal defense lawyer to help you strategize how best to turn yourself in and what if anything you can do to mitigate the punishment. Your fugitive status will toll the statute of limitations. For this reason, your case will not expire after 4 years. Instead, if you get picked up or you turn yourself in, you will have a Motion to Revoke probation hearing, which will determine what will happen in order to close the case. I am sorry for your circumstance. I am sure it is frightening for you but San Antonio really does have many great defense lawyers that can help you.
    Answer Applies to: Texas
    Replied: 7/26/2012
    Bruce Plesser | Bruce Plesser
    No but if you can prove there was no action to look for you you may have a slim shot.
    Answer Applies to: Florida
    Replied: 7/27/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If you run from probation for four years, and the probation officer tolls (stops running) your probation, when law enforcement catches up to you, and arrests you on the probation violation for failing to report then the probation begins again.
    Answer Applies to: Georgia
    Replied: 7/27/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Very untrue. Why would running away help anyone on probation? Get a lawyer, prepare your reasons for violating and get to court to face the music.
    Answer Applies to: Michigan
    Replied: 7/27/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Not true. Warrant will issue for your arrest.
    Answer Applies to: California
    Replied: 7/27/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No. If it was formal and you just stopped seeing your PO, a violation was probably filed and there is a warrant out and your prbation is ongoing just "tolled". That means if you had a year t go, you still have a year to go.
    Answer Applies to: California
    Replied: 7/27/2012
    Mary W Craig P.C. | Mary W Craig
    Whether your case will be closed depends on a lot of things. What you have not said is how long your probation period was. If you were put on probation for more than 4 years, then merely not reporting for 4 years will not terminate your probation. The term of your probation is tolled, or stopped, if your probation officer files paperwork with the court. So, if you were placed on probation for 4 years or less, you have done nothing for the last 4 years such as pay your fees or report to your PO, and your PO has filed nothing with the court that will toll your probation period, then your case is probably over. Unless all of those things are true, however, your case is still open.
    Answer Applies to: Alabama
    Replied: 7/27/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Wrong. You could be given a dishonorable discharge or arrested.
    Answer Applies to: Nevada
    Replied: 7/27/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    If you are sentenced to probation in NH but never report to your probation officer and abscond, your case will NOT be closed. The probation officer will file a probation violation and you will face possible jail or prison time.
    Answer Applies to: New Hampshire
    Replied: 7/27/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    No that is not true. What will happen is that your case will be closed and a warrant issued for your failure to complete probation.
    Answer Applies to: New Jersey
    Replied: 7/27/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    No. generally, if you run from probation you will end up with a warrant for your arrest. If the warrant was not issued during the time period in which you were on probation, we can generally get the warrant recalled and the case closed, but most of the time the court will issue a warrant prior to the expiration of your probation if you have not provided proof of completion.
    Answer Applies to: Utah
    Replied: 7/27/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    I do not believe that that is true. My best guess will be that at some point the court will issue an Order to Show Cause for you to explain why you haven't completed and/or violated your probation. When you don't show up, the court will likely issue a warrant for your arrest and that warrant will stay active until the next time you get pulled over or arrested for whatever reason. At that point, you will have to go back to court and explain why you ran from probation for four years.
    Answer Applies to: Utah
    Replied: 7/27/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    If there is an active warrant, your case will not close. Your probation period was put on hold at the time the warrant was executed.
    Answer Applies to: Wyoming
    Replied: 7/27/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    No, in my experience they simply issue a bench warrant and let it sit there until you are caught. Perhaps different counties may handle it differently.
    Answer Applies to: Pennsylvania
    Replied: 7/27/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If the conditions of probation have not been satisfied at the end of the probation term, a violation of probation may be filed and/or a request to extend probation may also be requested.
    Answer Applies to: Minnesota
    Replied: 7/27/2012
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