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  1. #1

    Default Probation Violation for Leaving Town With Court's Permission

    I have just been informed that my probation officer has decided to "violate" me. Her reasons for such was that I went out of town without her permission. I live in Michigan (incase that matters), and 2 days prior to leaving the state I asked the court if I may leave the state, and they granted me permission.

    I am just confused. She is asking the court to add another year to my probation, to put an electronic teather on me and or to place me in prison. I have never violated probation (and as far as I am concerned, i still have not, and will not).

    Furthermore, I am on probation for a non-violent act which also does not involve any drug-related offences.

    Does anybody have any clue as to why and how she has the authority to do this and what may happen in court?

    Thankyou.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Help!

    Quote Quoting incompetent p.o.
    I have just been informed that my probation officer has decided to "violate" me. Her reasons for such was that I went out of town without her permission. I live in Michigan (incase that matters), and 2 days prior to leaving the state I asked the court if I may leave the state, and they granted me permission.

    I am just confused. She is asking the court to add another year to my probation, to put an electronic teather on me and or to place me in prison. I have never violated probation (and as far as I am concerned, i still have not, and will not).

    Furthermore, I am on probation for a non-violent act which also does not involve any drug-related offences.

    Does anybody have any clue as to why and how she has the authority to do this and what may happen in court?

    Thankyou.

    My response:

    If the court granted you permission, were you going to keep it a secret from us concerning your PO and that fact?

    IAAL

  3. #3
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Help!

    You need to first begin by looking at the conditions of probation. In most cases there is a provision that provides that you are not to go out of the state or in some cases outside the court's jurisdiction without the court's permission.

    A probation officer can institute a petition for revocation of probation for about any reason--you need to see from the documentation specifically what the reason is for the petition for revocation.

    And finally you have to remember that it is the judge, not the probation officer, that makes the determination whether you inexcusably violated one or more of your probationary conditions. In your case, if you did receive the court's permission to go out of state (and how was this done--who did you receive permission from) and can prove that fact then you should be okay if that is the reason the probation officer is seeking the revocation--it may be a case that the left hand does not know what the right hand is doing.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Help!

    If you had the court's permission to leave town, it seems unlikely that the court would violate your probation because you left town. How did you get the court's permission - you went before the court and got an order granting you permission to leave town?

  5. #5

    Default Re: Probation Violation for Leaving Town With Court's Permission

    The Judge who heard my case granted me permission.

  6. #6
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: Probation Violation for Leaving Town With Court's Permission

    Quote Quoting incompetent p.o.
    The Judge who heard my case granted me permission.

    My response:

    So, why aren't you filling in all the facts? What's the whole story? You DO want an accurate response to your post, don't you?

    Read my initial response/question to you.

    IAAL

  7. #7
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Probation Violation for Leaving Town With Court's Permission

    Quote Quoting incompetent p.o.
    The Judge who heard my case granted me permission.
    And do you have proof? A court order perhaps? Something that would have also gone to the PO?

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