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    Amy1962's Avatar
    Amy1962 Posts: 3, Reputation: 1
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    #1

    Mar 9, 2009, 07:17 PM
    Timelimit on issuing a violation of probation warrant
    Someone I know violated probation in June 2008 by failing a drug test. A warrant for violation of probation was not issued until 2/4/09. By this time the person had been to all probation visits. He had completed an intensive outpatient therapy program and the probation officer knew this.

    The guy is bipolar and paranoid schizophrenic. He is now on meds to control his illnesses.

    With all of this documentation, do you think he'll go to jail? He is clean now.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 9, 2009, 07:23 PM

    This will be up to the judge to decide at his violation of probation hearing. Anything can happen then. You did not say if it was felony or misdemeanor probation and on probation for how many years and what the original charge was that he was convicted of. There are way too many variables here to just give you a quick yes or no answer. More information is needed please.
    Amy1962's Avatar
    Amy1962 Posts: 3, Reputation: 1
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    #3

    Mar 9, 2009, 07:27 PM

    The charge was underage consumption and I think possession of paraphernalia. He has been on probation since 04/08 and would be off probation 04/09.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Mar 9, 2009, 07:33 PM

    Tough call. I'm going to defer this to the judge. Apparently there might be something more than just failing one drug test for them to have waited this long. Usually if you fail a drug test they get you the next month or the month after that. They might be just slow processing their caseload.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 10, 2009, 08:34 AM
    Quote Originally Posted by Amy1962 View Post
    timelimit on issuing a violation of probation warrant
    Hello Amy:

    Since violation of probation is NOT a crime, there's no statute of limitations per se. The only limiting factor, therefore, would be the length of the probationary period.

    So, if you're thinking that you can get your friend off by using THAT defense, it ain't going to work.

    Otherwise, I think twinkie is right on.

    excon
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