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    Mr J's Avatar
    Mr J Posts: 5, Reputation: 2
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    #1

    Apr 2, 2007, 02:22 PM
    violasion of probation
    Can a violation of probation become a felony
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 2, 2007, 03:39 PM
    Hello again, Mr J:

    Not if you didn't break any other laws when you violated. The violation ITSELF ISN'T a CRIME. You can't be prosecuted for it. You can't get new time for it. ALL they can do is make you serve ALL the time on the original sentence.

    If ALL you did was leave the jurisdiction, then you are guilty of a violation, NOT another crime. IF you broke any other law, that's a separate matter.

    excon
    Mr J's Avatar
    Mr J Posts: 5, Reputation: 2
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    #3

    Apr 2, 2007, 03:42 PM
    Even if I'e already done some time on it?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 2, 2007, 05:17 PM
    Hello again, Mr J:

    Even if.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 2, 2007, 08:08 PM
    violation of probation is an administive act. Not a crime.

    If you are on probation, you have to break a law or a rule, to have your probation violated.

    So if you were on probation and were caught for a DUI, or shoplifting, you could have your probation violated, the violation would not give you any additional punishment, but the crime you did to get violated could.

    Now sometimes it is not a crime but a rule, such as pay fine, or go to counseling, if you don't follow the rules, you are not charged with a new crime, but your probation can still be violated.

    The act of violation, gets you picked up and held normally pending a hearing where they decide if you should go back to jail on the original charge you are on probation for, ( take back the probation and make you go to jail basicly)
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