If I am on probation and I get arrested for a charge that I haven't been convicted of can I be violated by probation for just being arrested and/ or charged?

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Originally Posted by curious 83

can I be violated by probation for just being arrested and/ or charged?

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Hello c:

Probably not... However, you have a requirement to report ALL police contact, and if you DIDN'T do that, that all by itself, can violate you.

excon

Quote:

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Originally Posted by curious 83

If I am on probation and I get arrested for a charge that I haven't been convicted of can I be violated by probation for just being arrested and/ or charged?

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You need to report the policy contact (the arrest) to your PO asap or you will be violated if the PO stumbles onto this new arrest. You don't have to be convicted to be violated.

Yes I just got arrested for driving on revoked I called my po with my free phone call and was violated 4 days later before I ever made it to court

Being on probation, or parole has specific conditions based on the charges you face and the crime for which you have convicted of. These conditions are set by the P.O. and recommended on the offender's behalf before a Judge. But one solid rule is that any kind of contact with law enforcement must be reported, and any form of offense can be considered a violation. An arrest is a given violation, everything of low severity can be the P.O's discretion, trust me if worded right you're hit. Only the Judge can decide to reduce the charges, and even if the P.O. doesn't burn you, it is required of them to document it. All law enforcement you had contact with will do the same, the P.O.'s hands are tied. The Judge can decide to burn you despite any recommendations for you, regardless of your progress otherwise. I know it is common to have bad blood for the P.O. but generally if you show an honest interest in squaring yourself away, some would take the time to explain anything not directly related to your conditions.

Hello:

My experience is different...

It's my view that the JUDGE sets the conditions and the PO supervises them. It's also my view that the PO CAN decide to violate on his own motion.

They're SMALL differences...

excon

No you are correct. Matter of fact all states are different. The U.S. was originally founded with the intention of being individual countries, with different political views and religious preference. In early days, it was common to move to a different state simply because the ideals no longer appealed to the individual. Anyway, this is why state laws even exist. In most county level hearings, the Judge will set the conditions. But the P.O. can add, suggest, or request changes to existing conditions. And yes, the P.O. has the "discretion" to find you in violation, and thus lock you up until you see a Judge again. Remember, just as the P.O. can let some things slide... they possess superb writing skills. They can make an ant urinating on a cotton ball sound like a cold hearted, premeditated act of violence with no regard for life. So yes, the P.O. can violate you.