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    ashp683's Avatar
    ashp683 Posts: 1, Reputation: 1
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    #1

    Oct 13, 2008, 08:31 AM
    Protective Custody + Probation violation
    Is being placed under protective custody (for alcohol) a violation of probation. And how would the PO find out. What is the protocol on the Police Station's end? Do they generate a report like they would if an arrest happened? And do they search whether you are on probation and send it out? Also, if a violation has occurred. Is it considered another offense, and the judge resentences you? Or does it go by the remainder of the probation? (i.e. if the offense happened 2 days before the probation ended, could you go to jail longer than the 2 days remaining) And is it automatically a jail sentence for a violation?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 13, 2008, 09:02 AM
    Quote Originally Posted by ashp683 View Post
    Is being placed under protective custody (for alcohol) a violation of probation. And how would the PO find out. What is the protocol on the Police Station's end? Do they generate a report like they would if an arrest happened? And do they search whether or not you are on probation and send it out? Also, if a violation has occurred. Is it considered another offense, and the judge resentences you? Or does it go by the remainder of the probation? (i.e. if the offense happened 2 days before the probation ended, could you go to jail longer than the 2 days remaining) And is it automatically a jail sentence for a violation?


    A bunch of these questions are covered by the fact that the Police will run a criminal check and the status - on probation - will show up.

    I don't understand why this person is in protective custody -

    And, yes, it would be a new violation and, yes, it would be a violation of probation. The person could be forced to serve the original term because he/she violated probation. The number of days left don't really matter. It's up to the Judge.

    And the person on probation is required to report this to the PO so that's how he/she will find out.

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