I just got a letter in the mail stating that I have been summoned for a probation violation.
In Nov '04 I was convicted of attempted theft and was sentenced to probation, and from the sheets I have still, it was for 1 year and I was to have good behavior. The probation ended 11/01/05.
Dec 30, 05, I was convicted in another court for disorderly conduct (from a missed court date there).
The letter states that the Dec 05 incident is cause for probation for the first violation. It more specifically states the probation violation is "no similar convictions", then in the next paragraph "Not to have any further criminal convictions during term of probation". My questions
1) my probation was technically up nearly 2 months before the conviction occured, so how can that be a violation?
2) the letter states " no similar convictions" as the reason for the violation, but I do not see how this is a similar conviction. A theft charge and disorderly conduct, I do not see the similarity other than being criminal.
3) the sentence that may be imposed from this is 90 days in our local justice center. how likely is it that I will get any or all of these?
4) how is it that it's been nearly a year since this dec conviction and the alleged violation is just now caught? my probation is def up now, two years later, so is there any sort of statute that I would be looking at that may help me out?
I've contacted my lawyer, but at 4:30 on a friday, of course he was gone already so I've got to wait until next week. I don't have the money to keep my lawyer though, so I'm going to see what he's going to say, but I assume that I will need a lawyer as this would not be something that I can just deal with my self.