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Lonerider9 · Aug 20, 2006, 09:14 PM

I need everyone's advice.

I was on probation for three years in the state of Virginia for a DUI related incident from May 2002 to May 2005. I violated my probation, but my probation officer never found out as it occurred in another state. Virginia (DMV) has now found out about it. (in July 2006).

My question - can you be charged with a probation violation after your probationary period has ended if such violation occurred during the probation timeframe. I was sentenced in May 2005 in another state (Delaware) and through my own trying to make things right have now opened Pandora's box of information.

Please advise.
Thanks!

magprob · Aug 20, 2006, 10:46 PM

In misdemeanor cases, most states consider the case closed after your term of probation runs out. That may be 2 to 3 years. Being a DUI, you still have to pay the State Transportation Department their reinstatement fees; however, those also have time limits. Check to see when they run out... if you haven't paid them yet.
Now, as a person that shares the road with you, stop drinking and driving. I have a wife and kids that drive and if you kill one of them, I will do everything in my power to see you rot in prison for the maximum time! Do you understand?

GaryArt · Aug 20, 2006, 11:18 PM

Absolutely not. Not only must the violation have occurred within the period of probation, but an affidavit of violation or similar pleading must be filed with the court prior to the terminal date of the probationary period. IF those events occur within the applicable time frames, however, the final determination may, in some situations, be made after the probation would otherwise have lapsed.

But, do not confuse the expiration of your probation, or anything else that occurred in a criminal court, with your obligation to the driver licensing authority. That is not a legal forum, but rather an administrative body - If there are fines or other administrative penalties imposed by them, there is no expiration date... if you want a valid license, sooner or later, you'll have to satisfy them.

magprob · Aug 23, 2006, 04:21 PM

The Department of Transportation sanctions are a civil matter. In my state at least, there is a limit to the time frames on their suspension. Three years, after which, you may receive your license without paying their reinstatement fees.

denise1070 · Aug 30, 2006, 08:29 AM

I work for the Probation Department. If you have been released from probation, you are free. They can't take you back to Court for a violation of probation if you have already been released, even if the crime occurred during your probation period. But, it appears you have no respect for the law, breaking it while on probation. If you don't straighten up, I'm sure it's only a matter of time before you are on probation again or behind bars. I wish you the best.

tobeamiss · Oct 4, 2006, 12:46 PM

I was just wondering how you violated your probation. Was another dui?

mssgeorgia · May 10, 2011, 08:51 AM

In Georgia I was on probation for possession. I lost my job and wasn't able to pay my probation officer for dues and fine. Recently I did in fact pay in full the balance owed hoping to put this issue to rest. Once I was sure the money order I sent to Atlanta to pay my fine had been updated in the court fills I contacted my probation officer making sure he was aware the money had been paid. He was aware but insisted I still had to serve 45 days in jail. My question is why after paying in full all moneys owed which is the reason I was on probation to start with would I have to serve 45 days?

excon · May 10, 2011, 09:08 AM

Originally Posted by mssgeorgia

In Georgia I was on probation for possession. I lost my job and wasn't able to pay my probation officer for dues and fine. Recently I did in fact pay in full the balance owed hoping to put this issue to rest. Once I was sure the money order I sent to Atlanta to pay my fine had been updated in the court fills I contacted my probation officer making sure he was aware the money had been paid. He was aware but insisted I still had to serve 45 days in jail. My question is why after paying in full all moneys owed which is the reason I was on probation to start with would I have to serve 45 days?

Hello mss:

Look.. I don't care how much you LIE to the cops, but it doesn't help us, help you when you lie to us... Ok, you didn't lie. You just left off the part about a probation violation hearing. That's important stuff...

Now, if you'd like to start OVER and tell us EVERYTHING, I can help... But, don't BULLSH*T me!

excon