Can a probation officer violate your probation if end date has passed? - Criminal Law Questions and Answers- LawQA.com

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Can a probation officer violate your probation if end date has passed?

Can you be violated?

Answer By Dan E. Chambers
Chambers Law Firm
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Based on the facts you provided, it's hard to say. If the alleged violation occurred before probation ended but the probation violation petition was not filed until after probation expired, a violation is still possible.

Answer Applies to: California
Replied: 2/1/2016

Answer By Jeff Yeh
Law Office of Jeff Yeh
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Not if your probation has terminated.

Answer Applies to: California
Replied: 2/1/2016

Answer By John F Brennan
Musilli Brennan Associates PLLC
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Yes, depending on the circumstances. See an attorney with details.

Answer Applies to: Michigan
Replied: 2/1/2016

Attorney at Law
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Only a court can violate your probation, and the court has no jurisdiction to do so if probation has expired at the time of the violation.

Answer Applies to: California
Replied: 2/1/2016

Hammerschmidt Broughton Law
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No, but many times, probation is "violated" by the PO just before it expires, particularly if there are fees/fines due to the government, and the probationer may not even know! Happens all the time. When this occurs, the probationary term does not expire but continues until the violation is cured, or the judge orders it terminated. Check with probation to see if this is your situation.

Answer Applies to: California
Replied: 2/1/2016

Law Firm of Martin & Wallentine
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It depends on the timing and your contract. Some probation contracts allow for a motion to be filed 30 days later or otherwise. However, the violation needs to have occurred during actual probation. Jurisdiction could potentially be an issue. You should have an attorney look over the specifics of when the probation ended and when the motion to revoke was filed.

Answer Applies to: Kansas
Replied: 2/1/2016

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