View Full Version : Violation of probation?
Sep 14, 2006, 06:08 AM
I am on probation right now for possession charges in New Jersey. I have 5 months left, and am currently in college out of state. Last weekend I received a DUI (at college) but the hearing will not be until next spring, after my probation period has ended.
Will my PO find out about this? Could they have access to my records before my conviction in court? Please help
Sep 14, 2006, 07:00 AM
Why are they waiting for the hearing? Yes, your PO can find out about it. You better call and be up front. If not, you will be in worse trouble when he finds out. When you were picked up and they ran you on the computer it should have come up on the computer that your were on probation and that officer has an obligation to let your PO know.
Sep 14, 2006, 07:34 AM
Certainly, if you were convicted WHILE you were on probation, your PO would find out about it, and you would be violated. However, this conviction (should you HAPPEN to BE convicted - and that's not a forgone conclusion), is going to happen AFTER you've been released from supervision.
Technically, you’re obligated to inform them of any "arrests". However, some DUI's result in arrests - others don't.
Given the above, I don't see a violation, and I'd keep my mouth shut.
PS> (edited) I mis-spoke above. I believe that you are required to inform them of any "contact" with the police - at least I was. Nonetheless, I would still keep my mouth shut.
Sep 14, 2006, 07:59 AM
Hello again, jeff:
I had a similar incident happen to me. I was in a halfway house with only a few weeks left, when I met an old partner for lunch. The DEA was scoping him out and saw me, of course. Then, I was released from the halfway house and started parole.
I got a call from my friendly narc, who told me that they have me on film meeting with my friend, and if I didn't snitch on him, they’re going to violate my parole. Meeting with a known associate while on parole is a violation.
Well, you can’t imagine my pleasure (or maybe you can) when I informed this turkey that I didn’t see my friend WHILE I was on parole……. And, then I had a few more choice words for him.
Sep 14, 2006, 08:17 AM
I only have to see my prob officer 1 more time because I'm 4 hours away at school, and she doesn't seem to worried about me (alot of criminals in nj). Is there still a way she can find out through NCIC or anything?
Sep 14, 2006, 08:28 AM
Hello again, jeff:
If she looks, I'm sure she can find it. But unless you give her reason to look, she probably won't.
Sep 14, 2006, 09:52 AM
They can definitely find out thu NCIC. It is nationwide. Years ago if you would get a ticket in another state it was not such a big deal. Honesty is your best policy. When you are on probation, you are to tell your officer even if you are stopped and not given a ticket. Some are more lax than others. When the officer stopped you he had to have run a check on you and it would have shown up that you are on probation. The officer has an obligation to contact the probation office. You might get lucky and an error could have been made or it was overlooked. I doubt it. It will pop up. PO's have to do a monthy chk on all of their probationers, which means running a report to see if they have been stopped. I worked in a probation office for a while and that is how it is. You can take excon's advice and maybe get lucky, but if you don't tell the truth and get caught you will be in more trouble.
Sep 14, 2006, 10:03 AM
What about since I haven't been convicted? Is the info still in the computer? When does an officer enter it in?
Sep 14, 2006, 10:08 AM
I'm also pretty sure the officer didn't know I was on probation, because he said I would be eligible for ARD
Sep 14, 2006, 02:56 PM
How many days does the officer have to send a police report?
Sep 14, 2006, 03:27 PM
What are you on probation for? Is it felony or misdemeanor?
Sep 14, 2006, 04:41 PM
how many days does the officer have to send a police report?
Hello again jef:
The above presumes that he's going to send one to someone. I don't make that presumption. Furthermore, I doubt very seriously (that's VERY seriously) that your probation status turns up when a cop does a check on your drivers license.
In my view, nobody is going to know about your indiscretion unless you snitch on yourself.
Sep 15, 2006, 03:55 PM
The new charge will not show up until you are convicted... which is usually the case in a DUI. You are required to inform your P.O. of the new charge which may cause a probation violation but they cannot file that until you are convicted of the DUI. If it were me, I would keep my mouth shut and let the probation officer find out... if they do. If they don't, you get over. But what ever happens, why don't you try a little harder to stay out of trouble? Sounds like you have substance abuse problems and if you don't get a hold on it you will always be experiancing these legal problems.
Sep 15, 2006, 07:33 PM
Since you're in college out of state, how often do you even see your PO? It's surprising that you got away with being able to go to college out of state in the first place. But since the DUI occurred in another state, it's unlikely that your PO will find out about it. Just lay low and don't get yourself into any more trouble.
Nov 29, 2007, 04:38 PM
If your P.O. wants to do a random check on you, they will find that. The best advise I'll give you is to go and report it to your P.O. before they find it.
Aug 21, 2008, 07:12 AM
How did this turn out, out of curiosity? I'm in a similar situation right now.
Aug 21, 2008, 07:17 AM
This guy is loooooong gone... He had 5 months left TWO years ago. If you want to ask us a question, start your own thread.
Jan 16, 2011, 11:24 PM
I caught a dui in October... cops had no idea I was on probation and my po had no idea I got popped... I did tell my po but I waited a month... she had no clue... honestly they have way too much **** to do... running a check on every client would take forever and they are state workers after all... we know how much they like to work... hahaha...
Feb 13, 2011, 07:01 PM
Bro I hate to say it but because you caught the new case while still on probation you'll get hit with the vop (violation of probation/parole) regardless of when the hearing or court date is. Best bet Don't get a public deffender. Hire a private aturney. You'll probably get some additional probation time or just continued. Pluss i.d.r.c. (intoxicated drivers resource center) classes wich are a cake walk. If you where in a accedent however it will up the antie/ with injuries bigger problems. Good luck man.