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When probation violation is minor(reporting to probation & treatment) do they take you to jail right away

Uniondale, NY |

my probation officer(felony probation) called me & told me she is filing for violation for failure to report & failure to attend treatment. i have clean urine ALWAYS, & no poilice contact or arrest for a year plus. in school, working (off & on) so my question is next time i go in to my probation officer will they slap the cuffs on right away or give me a court date

Attorney Answers 3

Posted

That depends: on attitudes and procedures of your PO and the judge, and most importantly you.

You have to prove yourself on probation; it is no different than being in jail, except you are free to move about within the county.

When you stand before the bench, have an attorney. At some time you will have to explain your failure to report and failure to attend treatment.

What you think is minor, they may think is major. What they think is what controls; what you think is irrelevant.

A lot of life is just showing up. If you are remanded, you will have time to think about what got you there in the first place.

There is no attorney-client relationship formed as a result of this communication. If you find this information helpful, please check "Positive" or"Plus" or"Up" on the box below. You may contact me at 1-(607) 773-0758, or by e-mail through this site if you wish to follow up confidentially.

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Posted

While I basically agree with the first answer given, I also believe that if your PO says she's going to file a VOP against you, then it means you'll likely wind up in front of a Judge soon. Very often they simply arrest you when you report to Probation, but sometimes, if you have an attorney contact them ahead of time, they will let you appear in court directly with your attorney. I like the second option better, don't you?

I suggest you consult with an experienced criminal defense attorney right away before you go to Probation again.

Good luck.

This answer is not intended to form an attorney/client relationship and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.

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Posted

If the violations are explainable, or relatively minor (they can't be too minor in the eyes of the PO, or else she wouldn't be violating you) the judge could give you another chance to prove yourself and not put you in jail. Showing up with an attorney would be highly advisible.

Yours truly,

Tom Kenniff
516-742-7600

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