If a person is on felony probation for falsifying information to obtain credit & they got deferred & got a 4 year probation then picked up a new charge for theft by check (check was written before the felony charge) will the probation be revoked?

Can it - yes.

Will it - only the Judge knows.

Thank you. So, is it normal for the person on probation to be eligible to post bond? I was assuming that if the probation is being served in the same county as the new charge a warrant would be issued and no bond would be set...

Hello m:

If one wasn't under supervision when the crime was committed, one can't have violated probation that wasn't even imposed yet. Therefore, in my view, this charge has NOTHING to do with your present circumstances.

In order to make SURE the state doesn't SCREW you over, you need the services of a good lawyer.

excon

Hi EXcon
Well, being that the person I'm talking about is my ex & he left me for an attorney when he got the felony charge (hmmm... coincidence? Lol) I think he is good in that department. Thanks for the reply.

Hello m:

If one wasn't under supervision when the crime was committed, one can't have violated probation that wasn't even imposed yet. Therefore, in my view, this charge has NOTHING to do with your present circumstances.

In order to make SURE the state doesn't SCREW you over, you need the services of a good lawyer.

excon


Going to highjack this - can you answer a question for me?

I thought probation does a background check and you are "required" (like anyone would be stupid enough to do so) to list any "possible" offenses. Based on a statement that there are no "possible" offenses the person gets deferred and probation. (Good Attorney in my eyes.)

Now the person is arrested.

Doesn't the bad (I hesitate to say false) info on the probation report enter into this? Would that alone cause a violation?

Hi EXcon
well, being that the person I'm talking about is my ex & he left me for an attorney when he got the felony charge (hmmm... coincidence? lol) I think he is good in that department. Thanks for the reply.


Oh, too funny! The way you write this is a classic.

My divorce would have been a whole lot less expensive if I had thought to take up with my divorce attorney. Now you tell me it's an option!

(Great sense of humor, by the way.)

I thought probation does a background check and you are "required" (like anyone would be stupid enough to do so) to list any "possible" offenses. Based on a statement that there are no "possible" offenses the person gets deferred and probation.

Now the person is arrested.

Doesn't the bad (I hesitate to say false) info on the probation report enter into this? Would that alone cause a violation?Hello again, Judy:

As many times as I've been on probation, I have NEVER been asked to state that I haven't committed any other crimes. Probation isn't contingent on defendants saying so. Plus, even IF they did a background check, an undiscovered crime wouldn't appear anyway.

Here's a story.. I was in a halfway house - still under the supervision of the Bureau of Prisons... I met with a known felon who was being watched. A few days later, I was released from the halfway house and placed on probation... The cops who were watching my friend visited with me, and told me that if I didn't snitch on him, they would violate my probation. Certainly, my probation forbade me from associating with known felons...

I have to tell you, it gave me GREAT pleasure to tell these cops to go screw their mothers, because I wasn't ON probation when I committed the dastardly act of association... Really... UNBELIEVABLE SATISFACTION was derived from that encounter.

excon

I got my (apparently incorrect) from my nephew's run in with the Police. He was asked about previous crimes. I have to admit I wondered who would say, "Yes, they didn't catch me for ..."

Same as the medical forms that ask if you use illegal drugs, if so - what and how much. Who in their right mind...

Thanks.

Who in their right mind ...Hello again, Judy:

Who in their right mind?? I'll tell you who, ME! No, I wasn't in my right mind. I was under the influence of a real bad lawyer... I paid him too..

The Pre-Sentence Investigation is compiled by the probation department for the judge - or so I thought. Since I had already been convicted and not sentenced yet, my lawyer told me to be candid with the PO writing the report. So, I was.

But, the PSI is used for much MORE than just for the judge... It's used to determine your security level, what prison you spend your time in, and most importantly, when your release date is...

In ALL of those instances, they didn't use the information from my conviction. They used the information from my PSI. Because I was candid with them, I spent a FULL YEAR longer in the joint than I would have, and served my time much farther away from home than I would have...

I know you think I'm smart... But, as evidenced from the above episode, I'm NOT.

excon