[mrad]

A friend of mine thought that his probation hadn't started yet and he was caught with steeling a 20$ dvd from a video rental store. He found out a few weeks later that he had violated his probation. The probation office said that he had been on it, just didn't have a probation officer. Will he have to go to jail?

[excon]

Hello m:

I don't know. Was he on probation for stealing?? He sure could. Stealing when you're on probation isn't good. What?? He thought there was a grace period where he could steal and NOT go to jail?? Where would he get a thought like that??

excon

[Fr_Chuck]

It will be completely up to the PO and the judge he can, or they may allow ihm another chance,

[JimGunther]

I notice that you asked this question awhile back and I hope the issue has been resolved by now. I was a probation for 7 years and every so often heard people say that they did not know they were on probation. However, I was also a court bailiff and was in a courtroom when many, many probations were imposed. In every case, the person was placed on probation by a judge who listed the probation conditions, asked if the person understood, had them sign and date the probation order, were giving copies of it, and given specific instructions on when and where to report for probation.

It is not up to the probation office to start a probation, it is up to the probationer to report as directed and ensure that they are in compliance. Judges will sometimes remember the faces of the persons they place on probation, and when they come back before the judge saying they didn't know they were on probation, the judges tend not to take it very kindly.

Its just about impossible to guess as to whether this person could go to jail as there are many many factors in the equation. In my state, where the jails are bulging, I would say it would not be likely.