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  1. #1
    Join Date
    Mar 2013
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    3

    Question What Happens if You Violate Informal Probation

    My question involves criminal law for the state of: California

    My fiancé is on informal probation. His first monthly payment is due within a months time and it will most likely not be paid. He has classes that he was ordered to take part in and we are unable to pay for those as well. What I would like to know is, is it possible for him to get a warrant for his arrest for not doing what is required? If so, when may they put out the warrant request or how long before one would be issued from his deadline?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Informal Prob, Not Making Payments

    if he does not comply with the terms of his probation, yes, he could be "violated" and arrested. Does he have to report to a probation officer at any time?

  3. #3
    Join Date
    Mar 2013
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    3

    Default Re: Informal Prob, Not Making Payments

    No he does not. I believe that's the difference between formal and informal probation.

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Informal Prob, Not Making Payments

    If he has already missed payments or classes, he can be re-arrested by Probation. And they would not need a warrant to arrest him on a violation. If he goes on the run, then it is more likely that a warrant will be issued.

    However, since he is on informal probation, it is less likely that his missing payments or classes will be notified until the matter is scheduled for review by the court.

    No matter the "when" of the matter, he will be going back to jail unless he gets his act together ASAP.

  5. #5
    Join Date
    Mar 2013
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    3

    Default Re: Informal Prob, Not Making Payments

    Any idea on how long after said missed payments the matter may be scheduled for review? I'm just trying to prepare for the inevitable.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Informal Prob, Not Making Payments

    Quote Quoting Snover145
    View Post
    Any idea on how long after said missed payments the matter may be scheduled for review? I'm just trying to prepare for the inevitable.
    Very often the review period will be set by the court at sentencing. Or, he can call the probation office and ask them when he might expect to be arrested, called in, or the case will be reviewed.

    Practices vary by county so it is difficult to provide a definite answer. If he dislikes the waiting, he can always go to the Probation Department, inform them of what has happened, and hope that they either work with him to give him more time or throw him in the clink to begin serving his time.

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