Not if he/she was detained before the probation expired in many cases. Talk to a criminal defense attorney who can get more information for a better answer.
No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
If the violation occurred before the probation expired then s/he can be held until there is a final surrender hearing, even if the probation expires while the probationer is being held.
Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any email or phone conversation.
The inmate needs a criminal defense attorney ASAP to review the original sentence/judgment, the terms of the probation agreement and see what options exist after reviewing the documents, talking to the PO and the prosecutor; lastly filing a motion with the court, if needed.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
The short answer to your question is NO.Typically, the filing of a probation violation notice acts to prevent probation from being terminated even if the probation end date passes by. You say the person is detained; I assume the person is being detained as the result of a probation violation notice. When the person is brought back to court there will be a hearing to determine if the person has violated probation. If the judge determines that there was no violation of probation and if the probation end date has passed then the probation will be terminated and the person released. If the Judge determines that there has been a violation of probation then the Judge can still terminate probation and release the person if the judge feels the violation was not serious or the judge can extend the terms of probation with the same terms or with new terms of probation or the Judge can revoke the probation and impose a jail sentence. I hope this answers your question.
Robert D. Lewin, Attorney
LEWIN & LEWIN, CRIMINAL LAWYERS
Offices in Malden, Andover, and North Andover, MA