My name is Jeff and I Live in New Jersey and I violated probation on my last visit, which was June 4th.. I was due to be off probation on June 25th. I did not get a notice of the violation or a court summon until 2 months after I was off probation. Are they still able to prosecute this? I'm thinking of getting a lawyer and fighting because I believe they filed the violation after my Probation period was up.. can they do that?

You should argue about the probation cause the notice was late.

Well, they told me to contact my probation officer and see if I could be put back on probation, but I don't want to contact anyone until I do a bit more research, and find out if this is fightable because if so I plan on getting either a public defender (since I don't have much money) or a lawyer if its needed. I mean a month and a half after I was supposed to have been released is a bit late to send me the information about it. I don't find it very fair, and even the prosecutor was a baffled by it, and he said that he spoke with the judge and was told that he has to prosecute it regardless.

Hello J:

I think the prosecutor is lying to you. He doesn't have to do ANYTHING the judge tells him. HE runs the show - not the judge. I also think you're right about the violation. Call the PD's office.

excon

I thought the Judge ran the show.

Hello again, twink:

IF the prosecutor decides to bring a case, THEN the judge runs THAT show. But if the prosecutor don't bring it, it don't get brung.

excon

The judge is there to apply the law. The DA determines who goes before the judge.

To the OP: it seems counter productive for you to admit your probation violation on an open forum then want to fight it.