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I have two weeks left on my probation.I was arrested.How long does it take for probation to know when I was arrested.

Fort Worth, TX |

There are 6 working days since this happened during the holidays. Do I have a chance probation won't find out that I was arrested since my probation ends in Jan 5?

Attorney Answers 4

Posted

Typically probation runs criminal history checks right before probation ends. They will probably pick it up. Also, many probation agreements require you to notify your probation officer immediately if you are arrested on a new charge. Check with your criminal defense attorney.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on Washington law as I am licensed in Washington. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. For more information, you can reach my office at: mark@bratlienlaw.com; 360-714-1911

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Asker

Posted

So, my last probation apt. was last Friday 12 21. I completed everything I was asked to do. She scheduled a Jan 3rd apt, but said I might not need to come in. When you say right before probation ends. I am assuming there is no standard to run criminal history check when right before probation ends?

Mark E Bratlien

Mark E Bratlien

Posted

I don't practice in your state. See your attorney.

Mark E Bratlien

Mark E Bratlien

Posted

I don't practice in your state. See your attorney.

Asker

Posted

Thank you. Have a nice holiday.

Posted

Do you have a chance? Yes.

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Posted

I see that you are licensed in TX. When you say I have a chance what does that entail? I was arrested the same day I saw my probation officer. My probation is in Dallas, but my probation was moved to Fort Worth because I moved. I was arrested the same evening. She scheduled a last apt for Jan 3rd, but said I may not have to come in, will need to check with Dallas Probation. So, I am assuming that someone will have to run criminal history check to see that I was arrested.

Bart Charles Craytor

Bart Charles Craytor

Posted

It depends upon the new arrest, depends upon the probation department and it depends upon the district attorney's office. If you get through the probation period before a motion to revoke or modify is filed then you made it through the probation. However, your prior probation will probably be a consideration on the disposition of your new charge. You will probably not get by with it there. There are many more considerations that might affect the out On my way! Of your cases which could only be explored by a good honest sit down visit with an attorney and bringing in all the paper work involving both cases. But yes. You have a chance.

Bart Charles Craytor

Bart Charles Craytor

Posted

It depends upon the new arrest, depends upon the probation department and it depends upon the district attorney's office. If you get through the probation period before a motion to revoke or modify is filed then you made it through the probation. However, your prior probation will probably be a consideration on the disposition of your new charge. You will probably not get by with it there. There are many more considerations that might affect the out On my way! Of your cases which could only be explored by a good honest sit down visit with an attorney and bringing in all the paper work involving both cases. But yes. You have a chance.

Asker

Posted

Thank you for your time. Have the best of holidays.

Posted

It varies from state to state. In Massachusetts it would be as soon as you are arraigned on your new matter and even if they found out after your probation ends the arrest still occurred within your probation. You should ask a lawyer in your state. Good luck.

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Posted

Thank you.

Posted

Do your conditions of probation require you to report arrests to your probation officer? If so, when must that be done? If you fail to comply with a condition of probation that requires you to report arrests, that would be another violation.

Another question is whether the probation department and the prosecutor could get a motion to revoke filed and a warrant issued for your arrest before the probation expires. Back in my days as a prosecutor, I got all that done a few times in an afternoon. But, that required special attention and my walking the papers through myself. Would a Fort Worth probation officer and prosecutor care enough to go to that effort. I have no idea.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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