Legal Question in Criminal Law in California

probation expired

my probation has expired, there was a warrant issued prior to this for 5 alleged probation violations. since im not on probation what can the court do? prop36 case.....


Asked on 12/08/08, 12:43 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: probation expired

It can make you serve the sentence that it pronounced when it imposed judgment. That your probation has already ended doesn't matter if the alleged violations occurred while it was still in effect. If the law did not work that way, probationers would be able to get away with violations before the end of their probation.

Note also that if the acts which violated the probation were crimes in and of themselves (and if you are actually guilty of them, of course), you can be prosecuted and punished for those crimes. Those punishments would be above and beyond any you receive for violating your probation.

Now would be a good time to contact the attorney who represented you the first time around. If you didn't have a lawyer then, start looking for one now.

Good luck.

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Answered on 12/08/08, 1:31 am
George Moschopoulos The Law Office of George Moschopoulos

Re: probation expired

Even though your probation term has expired, your warrant for the alleged violations while you were on probation has not. You will have to deal with the warrant AND then the alleged probation violations. If the violations are simply that you did not comply with the terms such as checking in with a probation officer, then perhaps a negotiation and resolution can be held on your behalf with a private criminal defense attorney. If your violations are new crimes, then you will have to deal with those as well and this will reopen the process which led to you being put on probation.

We can help you if you are serious about representation.

Best of Luck!

George M.

www.NotGuiltyInCA.com

951.742.8090

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Answered on 12/08/08, 1:39 am
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: probation expired

Sorry but you are out of luck here. If the warrants were issued before your probation expired, they are valid and forever. This means your best option is to deal with the problem proactively and as soon as possible. Trying to ignore the problem will no doubt backfire on you sooner or later.

Best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 12/08/08, 7:02 pm


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