Whats the process of getting off probation after your term is done?

Asked over 2 years ago - Norfolk, VA

I was put on probation last year and my paperwork says, "Your term of supervision is for a period of 1 year commencing June 16, 2011" (Which was the day i was actually put on probation) .. Now that the date is approaching, How does the process work? Will I actually be off on June 16th or will i have to wait even later? Will they give me a court date ON or BEFORE the 16th?

Attorney answers (3)

  1. Crystina Marie O'Brien

    Pro

    Contributor Level 10

    Answered . It sounds like you were on supervised probation and therefore should have a probation officer. This officer should tell you whether or not your probation is over at the expiration of the one year. You can also go to the court and get a copy of your sentencing order and check the precise wording of the order.

    If you are correct, that it was only one year, and you did not get revoked during that time period, you will be off of supervised probation. However, be very careful because many times the courts add on a period of "good behavior" which is longer than the supervised probation (this is technically unsupervised probation) and you cannot be convicted of any new charges within that time period. For example, a typical sentence may be "3 years to serve, suspend all three years. One year of supervised probation. Good Behavior for five years." So, you comply with probation, get off of supervised probation within one year, but in year three you get convicted of a DUI. You may be violated in the jurisdiction of the charge where you still had a good behavior obligation. In that case, because it is a new conviction, you would be potentially facing three years to serve.

    I hope my long explanation was helpful. It may be much more than you need. Good luck!

    This advice is generic and not designed to substitute for consulting an attorney. Nothing in this response is... more
  2. Philip Daniel Hache

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Things may be different in VA. In California, if you were on "Informal Probation/Summary Probation" then assuming you didn't violate probation while it was active, then it would end per the terms of your sentencing (ie. If you were on 1 year informal probation in CA starting June 16, 2011, with no probation violations, probation would terminate automatically on June 16, 2012). In CA, if you are on formal probation, then that means checking in with the probation officer, etc.

    If things are similar in VA, and you are on formal probation, you can direct any questions towards your probation officer. If you are on informal probation similar to what we have in CA, then it should terminate if you did not violate the probation. You should check with the attorney who handled this matter to clarify the terms of your probation. In the event you didn't have an attorney handle this matter, I would recommend calling a criminal defense attorney in your area. They should be able to answer this question with more certainty if they are licensed to practice in VA.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  3. James C Forslund

    Contributor Level 19

    Answered . It should be automatic if you completed all the terms.

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