[Celestialvibez]

Hi I'm currently on misdemeanor probation in the state of Georgia, and last night I was arrested for disorderly conduct (another misdemeanor). Long story but I am innocent and plan on pleading innocent at my arraignment next month and I'm positive I will beat the case. I just wanted to know if just being arrested will be a probation violation when I report in tomorrow?

[JudyKayTee]

It is a violation if you are arrested - whether you will be arrested for violation of probation depends on your probation officer. Did you call to speak to him/her so he/she hears about this from you and not the Police?

[excon]

Hello C:

I don't agree with my friend, Judy. Simply being arrested is NOT a violation. As strange as it might seem, innocent people get arrested all the time, and you MIGHT be one 'em. You ARE required to report ALL police contact, however, so if you don't tell your PO about it, THAT'LL be a violation.

excon

[Celestialvibez]

Good to hear, I'm going to report in about an hour and explain what happened. Thanks for the help :)

[twinkiedooter]

Glad you are going to tell the PO about this now versus later the PO finds out and violates you for not telling them. I hope you beat the new charges.

BUT if you ARE convicted of the new charges THAT is a violation of your probation. Sorry.

[JudyKayTee]

I thought that parolees are supposed to stay away from illegal activity or occasion which could lead to illegal activity. If not (everyone else is arrested but you are not and your PO learns about it) you have violated.

I know someone who was violated for testifying concerning a bar room fight - he was NOT a participant but he was considered to be in bad company.

I guess we'll have to wait and see what happens.

[Celestialvibez]

Well I went in Friday and told her about it, and she said we will just wait until if I'm found innocent. Then I asked if it possible to violate just for going to jail, and she said it can be a violation if she wanted to do so. So it appears it is the P.O.'s discretion.

[excon]

So it appears it is the P.O.'s discretion.

Hello again, Celest:

Not really, but let her think she's running things.

excon

[Hool1Gan]

I was enlightened by a 30 year CHP retired officer when he explained, what is needed to be considered an "arrest." You can be approached by a cop, and decide to walk away from him/her, and the cop can decide to walk alongside you and question you. But the minute an officer makes is clear that you are no longer free to leave, you are "under arrest." You don't need to be restrained, escorted, or gently transferred to the ground... only ordered to stay put. So an arrest may not necessarily be a violation. I guess we're all used to assuming an arrest means you got booked and processed.

[Hool1Gan]

I was studying to become a P.O... and my wife was a secretary for the Federal Prison we worked at. She took care of all the release paperwork and dealt with P.O.'s often. What I learned is that initially, you fall in the hands of the Judge. But once you are assigned to the work load of a P.O. the court has entrusted you to him/her. Meaning that if in fact you are arrested, the court has you under conditional status pending P.O.'s recommendations. In many cases, local authorities have daily contact with P.O.'s and can decide to notify them before you are processed. In this case the P.O. can definitely make the call. But if a paper trail has been started on you, you're hit. Even if the P.O. decides to let you walk, it'll still be reviewed by the Judge, who may decide to lock you up after all. Either way, P.O.'s do have a lot of pull. With local cops, as well as Judges.

[gloriahouse]

My name is gloria house I was accused of taking my friend car without promison I was arrested made bond I reported it to my po she filed a violation report the charge got dissed missed. I called my po to let her know it got dissed missed she informed me there was a warrant out for parole violation on me and to turn myself in and wait on a hearing.I have not turned myself in cause I talked to a lawyer he informed me to get a lawyer to get me in to see the judge and tell him what happen and that I should get a bond.this is all wrong to me when I am innocent in all of this and now I have to fight to stay free. I need help myself in this matter.

[excon]

Hello g:

Getting a lawyer is excellent advice.

excon

[Carol451]

What if your are arrested for a misdemeanor? Does this violate your probation even if you have not even been found guilty?

[excon]

Hello Carol:

It could. For example, you're required to report ALL police contact. If you didn't, that, in and of itself, could violate you.. Plus, it depends on the circumstances surrounding your misdemeanor..

The bottom line is, I don't have enough information to tell you.

excon

[AK lawyer]

What if your are arrested for a misdemeanor? Does this violate your probation even if you have not even been found guilty?

The question is whether you violated your probation. The mere fact that you were arrested doesn't prove anything. But the PO (and as Excon says, the PO must be notified by you of the arrest) will look into it and determine if you did something wrong which resulted in your arrest. If you did, then you can be violated.