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    tmb0625's Avatar
    tmb0625 Posts: 6, Reputation: 1
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    #1

    Mar 28, 2009, 06:48 PM
    Probation violation questions
    Couple of questions, and I thank you in advance for taking the time to answer... one is, if I were only sentenced to 5 days in county jail and 5 years probation (felony DWI) at time of sentencing, and I violate my probation for any reason that does not involve a new charge, how long can I be placed in jail for? Is the 5 year probation sentence basically a 5 year jail sentence in other words?
    Another question would be, in general, will the PO arrest me at home or in the Probation office should I be charged with violating my probation?
    I am not overly concerned with violating as I am not doing anything wrong, however, after reading about a hundred posts on probation violation, it seems as if anything and everything can and will occur during this process. I am on Interstate Compact transfer from NY to SC, and am doing well, doing all that I am supposed to be doing, but as a precaution, I thought I would ask.
    Also, other than obviously doing the right thing while on probation and following the rules put forth, is there anything extra or favorable that I can do in order to maintain good relations with my PO.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 28, 2009, 07:04 PM

    Yes, if you violate it for any reason, the judge can send you back to prison for up to the 5 years.

    In general don't do anything to bring attention to yourself,
    Don't be late, don't do things to make them say, hummm, I wonder what he has been doing
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Mar 29, 2009, 05:45 AM
    Quote Originally Posted by tmb0625 View Post
    Is the 5 year probation sentence basically a 5 year jail sentence
    Hello tmb:

    Yes, kind of, sort of, but not really...

    If you were given a 5 year sentence, you would have a release date. If you were paroled, that release date would STILL be in effect. If you violated your parole on your LAST day, you could only spend ONE day in the slam.

    If you were given 5 years of probation and you violate on your LAST day, the court could make you do the entire 5 years in the slam or any part of it.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Mar 29, 2009, 04:04 PM

    If your PO did have a warrant for your arrest should you violate your probation you could be arrested at home or the PO could just simply wait until you come in for your monthly appointment. It can be done either way. Sometimes they like you to come in as then they don't have to chase you down.

    Also be sure to report any police contact contact even if it's just a speeding ticket. If you should get a speeding ticket, pay it off right away and take the ticket and proof that you paid it off to your PO at your next appointment. That goes a long way toward making points for you.

    Also, if you know you are moving your residence tell the PO right off the bat before you move even if it's just across town. Same with changing jobs. The more you tell the PO ahead of time the better. If you do this you will definitely make points with the PO. The more they have to chase you down the worse it is for you. Making their supervision of you easier makes their life easier and in turn you can actually be "friends" with your PO.
    tmb0625's Avatar
    tmb0625 Posts: 6, Reputation: 1
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    #5

    Mar 29, 2009, 05:27 PM

    As I said, I am not really concerned. Would just like to have as much info as possible at any given time during this probation.

    I would assume, should it ever come to that, there is a way to tell if I have a warrant out at any given time? I guess one could just call the local police station and ask. Interesting how this all works. Guess all one can do is to keep doing the right things, and the right things will happen, or at least one would hope.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Mar 29, 2009, 07:33 PM

    As far as a warrant out for you, calling the police is not the answer as they will not tell you for obvious reasons.

    Just keep doing what you are doing and don't do anything to risk your freedom by doing anything dumb while on probation and you'll be just fine.

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