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What does it mean if a petiton to toll a probation order was suspended by a judge will there still be an active warrant issued?

Snellville, GA |
Attorney answers 3


A tolling order stops your probation from running while you are running. That is if you have a year of probation left and don't report to probation the tolling order stops the probation from running/expiring and when you finally get caught you will still have a year of probation left.


If the actual petition was suspended, that is something strange. More likely, as the previous attorney suggested, the period of your probation has been "tolled" or put on hold, meaning the clock has stopped running until they can arrest you. If this is the case, you need to get an attorney asap to try and help you work something out with the PO and judge before you get arrested one day out of the blue and have to sit in jail and wait for them to decide when to even give you a hearing!
M. Jason Rhoades


A "Tolling order" is very seldom "suspended"- unless the terms of your probation said that you were not required to report (You hint at that), so the judge "suspended" the tolling order because it was issued in error....

That being said, "suspending" it would be different from "vacating" it ab initio. If its "suspended," one may argue that it tolled the time of probation until it was "suspended"; so, if it was good for 3 months, your probation was extended by 3 months. You want to clarify that this is not the result in your situation.

Good luck.

Thanks for reading my response to this question. If your found this answer "Helpful" or "The Best Answer" PLEASE MARK IT, because Avvo awards me points. Thank you! Note that the questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

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