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bryanrichardsvt · Aug 17, 2009, 07:48 AM

Can you get a vop for something that happened before the conviction that put you on probation. Such as being convitcted for something that happened in feb got me on probation. Now in aug they might be bring chrages for something that happened on new years eve. IT not like I went out and get in more or new trouble its something that they have been investigating since new years..

stevetcg · Aug 17, 2009, 07:59 AM

Probation can be canceled at any time for almost any reason. So it wouldn't technically be a VOP, but the charges could still land you in jail.

excon · Aug 17, 2009, 08:19 AM

Hello bryan:

I don't agree with my friend, Steve. I don't believe probation can be "cancelled". I also don't believe that anything you did prior to being sentenced CAN be a violation..

Now, the new charges themselves MIGHT cause you to violate, if you lose your job or you can't report... But, if you are able to maintain your probation status, they can't violate you...

Prosecution for the new charges just might have to wait till your present sentence is complete.

There are lots of details that are unknown, and lots of possibilities. I would not proceed without the advice of a good criminal attorney.

excon

stevetcg · Aug 17, 2009, 08:27 AM

Well, OK... I think what I was saying is that the new charges may take into account the existing probation (or the charges that resulted in probation).

And come on Ex... you know as well as anyone that if they want to violate you, they will find a reason...

bryanrichardsvt · Aug 17, 2009, 08:27 AM

YA its 8 months later after the new years eve party that finally being called in by dectives and maybe getting a new charge. I was unsure because this incident occurred before my charge that put me on probation would I get a vop. I was under the imprssion no because it happened before hand. So it not tha ti went out and got inn more trouble its trouble before the orginall sentence. Its alos kind of weird tha t8 month slater they finally decide to try and bring charges for something on new years eve. I went for qeustioning but was told I was free to go and they would get back to me in a week or to. I apprecitate any help or advise.

Originally Posted by excon

Hello bryan:

I don't agree with my friend, Steve. I don't believe probation can be "cancelled". I also don't believe that anything you did prior to being sentenced CAN be a violation..

Now, the new charges themselves MIGHT cause you to be violate, if you lose your job or you can't report... But, if you are able to maintain your probation status, they can't violate you....

Prosecution for the new charges just might have to wait till your present sentence is complete.

There are lots of details that are unknown, and lots of possibilities. I would not proceed without the advice of a good criminal attorney.

excon

stevetcg · Aug 17, 2009, 08:29 AM

Originally Posted by bryanrichardsvt

YA its 8 months later after teh new years eve party that finally being called in by dectives and maybe getting a new charge. I was unsure becasue this incident occured b4 my charge that put me on probation would i get a vop. I was under the imprssion no becasue it happened b4 hand. So it not tha ti went out and got inn more trouble its trouble b4 the orginall sentence. Its alos kinda wierd tha t8 month slater they finally decide to try and bring charges for something on new years eve. I went for qeustioning but was told i was free to go and they would get back to me in a week or to. I apprecitate any help or advise.

The best advice anyone can offer is get a good lawyer.

bryanrichardsvt · Aug 17, 2009, 08:31 AM

Thank u... But from personal experience or what you may know. I will not be losing a job or no faliure to report will be happening.. CAn they can they not give you a vop for some before the orginall charge

Originally Posted by stevetcg

The best advice anyone can offer is get a good lawyer.

excon · Aug 17, 2009, 08:33 AM

Originally Posted by stevetcg

And come on Ex... you know as well as anyone that if they want to violate you, they will find a reason...

Hello steve:

Sure... And, it's OUR job the help the OP fight it, if it's bogus. This case might qualify.

excon

stevetcg · Aug 17, 2009, 08:34 AM

Originally Posted by bryanrichardsvt

Thank u... But from personal experience or what u may know. I will not be loosing a job or no faliure to report will be happening.. CAn they can they not give u a vop for some b4 the orginall charge

Im sorry - I don't understand your question.

bryanrichardsvt · Aug 17, 2009, 08:39 AM

My question is can the give me a vop for something that happened before what got me probation...

Originally Posted by excon

Hello steve:

Sure... And, it's OUR job the help the OP fight it, if it's bogus. This case might qualify.

excon

stevetcg · Aug 17, 2009, 08:43 AM

Originally Posted by bryanrichardsvt

My question is can the give me a vop for something that happened b4 what got me probation...

The straight answer is no, they cannot. However, your new charges may affect the probation anyway. You can be jailed (assuming the new charges are serious) and that would affect your current probation. They would likely run concurrently, but don't necessarily have to. The judge could see your current probation and that could affect the outcome of your new charges.

But technically, no, you cannot be violated for something that happened before you were on probation.

Your best bet would be to speak with a lawyer and then speak with your PO, once you know what is going to happen. Also, its never a bad idea to be straight with your PO. This isn't the first time your PO has seen something like this.

excon · Aug 17, 2009, 08:44 AM

Originally Posted by bryanrichardsvt

My question is can the give me a vop for something that happened b4 what got me probation...

Hello again, bryan:

No, they can't... But, that doesn't mean they won't TRY, and WITHOUT a good lawyer, they might get a way with it.

excon

PS> By the way, the next time the cops invite you in for questioning, politely DECLINE their invitation.

bryanrichardsvt · Aug 17, 2009, 08:47 AM

Ok thank u. I got me me a lawyer just don't want to call him and have to pay more money for a question.. I am just worried as I have a daughter and all and trying to ease my mind a little.

I just think its bs, that an incident that happen on new years eve they finally decide to bring me in for qeustioning and perhaps try to bring charges onto me.. It just seem way to long too much time for people to create stories and lie.. AS serious a matte rthis is it seems they would have got to me much sooner. Also the fact of the mater is what they are trying to get me for is something I did not do to. I know who did it but they are trying to say I was the one.. Im not a rat.

Originally Posted by excon

Hello again, bryan:

No, they can't..... But, that doesn't mean they won't TRY, and WITHOUT a good lawyer, they might get a way with it.

excon

PS> By the way, the next time the cops invite you in for questioning, politely DECLINE their invitation.

bryanrichardsvt · Aug 17, 2009, 09:03 AM

I guess it could be pretty serious. They trying to say I allgay was involved wit an incident where someone was hit upside the head wit an object.. They say they have people saying I was at the party and was invovled in the incedent. I did not do it.. I figured if they had that much supposibvly on me that they would have charged me not said I'm free to go and that they would get back to me. KInd awierd. I think they ar e fishing to try and get me to tell on someone or incriminate myself. Impossible weeing how I did not do it.

Originally Posted by stevetcg

The straight answer is no, they cannot. However, your new charges may affect the probation anyway. You can be jailed (assuming the new charges are serious) and that would affect your current probation. They would likely run concurrently, but dont necessarily have to. The judge could see your current probation and that could affect the outcome of your new charges.

But technically, no, you cannot be violated for something that happened before you were on probation.

Your best bet would be to speak with a lawyer and then speak with your PO, once you know what is going to happen. Also, its never a bad idea to be straight with your PO. This isnt the first time your PO has seen something like this.