I was given a suspended sentenced of 6 months/18 months probation for a DUI. I was arrested for misdemeanor charges and spent a little time in jail before posting bond. That case is awaiting a very favorable disposition and I got no indication that the state would seek a violation for that. Otherwise, I believe that I complied with the other terms of probation. In addition, one day AFTER the 18 month period lapsed, I saw my probation officer at his office and his exact words to me were "you're all set". I just checked my voice mails and found one from him asking to call. My question is this: Once the 18 months of probation pass, what exactly happens to my file? Does it go to the arresting sentencing judge, the SA? In other words, can probation in CT be violated AFTER the 18 months?
DUI / DWI Attorney
Once the 18 months has passed, you cannot be held to answer for the probation violation. However, if the motion to revoke your probation is filed the day before your probation ends, then it does not matter how much time is remaining, you can be sentenced for the full term. Until that 18th month passes, they can still file a motion to revoke and pick you up on the violations.
Once the 18 months of probation has passed the file is closed and the court no longer has jurisdiction (assuming that there is no bench warrant outstanding). Once probation closes and the file is closed the court no longer has jurisdiction and therefore you have nothing to violate.
DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.