Is a probation violation possible if you are stopped by the police, but not arrested or receive any citations?

Asked over 4 years ago - Minneapolis, MN

Is a probation violation possible if you are stopped by the police, but not arrested or receive any citations?

Attorney answers (3)

  1. John Leif Fossum

    Contributor Level 17

    2

    Lawyers agree

    Answered . There is not enough information to answer your question. It would depend on the conditions of your probation, and the reason for the stop and what information the police relayed to your probation officer. It is possible, but impossible to say based on the limited information available here. If your probation officer files a violation, you still have the opportunity to contest the violation to a judge. This response is not legal advice, and is for informational purposes only.

  2. Thomas C Gallagher

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Yes. A probation violation is a violation of a condition of a stayed sentencing or sentence. If the probationer violated a condition, there would be a probation violation. An act or failure to act which violates a condition, might not amount to a new charge.

  3. Karyn T. Missimer

    Contributor Level 18

    1

    Lawyer agrees

    2

    Answered . I do not practice in MN, but I may offer some general advice. I agree with the first attorney's answer. In many states, however, it is a violation of your probation to not report any police contact to your probation officer. Look to the rules of your probation to see if you are supposed to report any police contact. If so, you should consider reporting this contact to your probation office. In my experience, probation officers get more upset if they learn you did not report police contact, than if you do report police contact, especially if you were not cited or arrested.

    Confirm my advice with a local, experienced criminal defense attorney. Most initial consultations are free. So, you have nothing to lose at first.

    Good luck!

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