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Tuila
Jan 12, 2007, 08:18 AM
I had an appointment with my lawyer and he told me that in this state, no one has ever been charged with "failure to be of good behavior" as a probation violation. I didn't not break any law, I didn't ignore a direct order from the judge and this has nothing to do with the reason I am on probation in the first place. What I did was dumb and ignorant, but is that enough for someone to receive a revocation of probation?

excon
Jan 12, 2007, 08:34 AM
Hello Tulia:

Well, it's apparently enough to charge you. Is it enough?? I don't know. Some judges are pretty good and others aren't. Let's hope you get a good one.

excon

Fr_Chuck
Jan 12, 2007, 11:29 AM
If possible since you were the first to be charged, what dumb thing is it?
Not that it has a bearning on my answer just wondering

But on probation, you don't have to break a law to be wrote up by the probatio officer, you can be with the wrong people, in the wrong place, and more, And in the end it is all up to the judge and what he beleieves is best when he hears the case

magprob
Jan 13, 2007, 04:13 AM
There are two types of probation violations, the Substantive violation and theTechnical violation. The Substantive is usually for breaking another law and the Technical is for a minor thing such as not paying all fines or fees. This "falure to be of good behavior" thing sounds like a probation department catch all. I mean, this can't really be a city, state or county law can it? Other wise, I may have warrants all over the country!
Although a probation violation does not require the normal burden of proof, I wonder if the really dumb thing you did was of a criminal nature of any sort or just a lapse in good judgement?