I am on felony probation for the city and county of Denver, Colorado: I missed my last appointment with my probation officer as i was working and can prove it. I have also missed a few ua's due to my personal funds and the lack of my probation officer to want to hear the "excuse" or try to help. (I get it its not his job to care but still imo a little help would be nice) Long story short I have another scheduled meeting 6-20-2012 and I am concerned about being arrested on the spot without any knowledge as I am working and cannot afford it.
Criminal Defense Attorney
The short answer to your question is, yes, a probation officer can arrest you before making a report.
If a probation officer has probable cause to make an arrest for violation he can do so.
For the violations that you say you committed: failing to make appointments, missing breath tests, and failing to pay fees, that is a sufficient violation to revoke your probation.
You need a lawyer. You need someone to be able to try to smooth out the situation as soon as possible. The longer you wait the bigger of a hole you're digging, and then more impossible and attorneys job will be to fix this.
Again, get a lawyer now.
This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/
2 lawyers agree
Normally, probation officer file a complaint and seek a warrant for you arrest. However, my colleague is absolutely correct that they can arrest you on ghe spot as long as they have probable cause. So, you need to be prpepared with a bondsman as back up when you go to your next probation appointment.
Criminal Defense Attorney
Yes, the probation officer has the power to have you arrested with probable cause for violation of probation conditions. Your remedy is to work out an agreement or have a contested hearing. The unfortunate position that you are in is that a missed appointments or missed UAs are violations of probation conditions, and there is not a work exception or financial exception to these requirements.
However, a good attorney should be able to reach a reasonable agreement with the courts in this type of situation.