Will brand-new charges violate my probation?
The chances of your violating probation based on a new charge are excellent. If there is anything in the law that is a 100% sure thing this is it. While on a suspended sentence you have been arrested for a new charge. You are in seriously deep water. The chances are excellent that your probation officer has already or will soon go to your sentencing judge and ask for a probation violation warrant.
If you are on probation you have already been found or pled guilty to a criminal charge. We cannot discuss whether you have been convicted. This is a matter of record. Along with your plea or jury finding you were sentenced. You were sentenced by a judge and, apparently, given a suspended sentence. You were not required to serve jail time. The judge took a chance on you. Now you will come before the same judge who will be told that, while on the judges sentence, you committed another crime. How is that going to not violate your probation?
Will a brand-new arrest violate my probation? This is VERY likely. At this point you should begin preparing yourself. As soon as possible get an attorney for the new probation violation. If you cannot afford an attorney go see the attorney who represented you in the plea or trial. That attorney may be appointed for the new probation violation. In my history I have arranged for clients to surrender themselves on new probation violation charges. On some occasions I have been able to get the trial judge to allow my client a bond for the probation violation warrant. Get a lawyer. Get ahead of this looming problem.
The brand-new arrest is absolutely, most likely, going to violate your probation. At this point continue to report to your probation officer. But Jef, I might be violated. This is true but failing to report is yet another violation. I would want my client to look like they were not running away from their responsibilities. Probation officers are trained to add all possible charges to a probation violation warrant. Do not let the probation officer ad failure to report to your violation warrant. Do not conceal the reality of the arrest from your probation officer. What would be the only thing worse than your officer saying you violated by picking up a new arrest? Your officer telling the judge that you tried to hide the new arrest. Face your responsibilities. Do not play “hide the ball.”
Bear in mind, rule one of probation? Rule 1 states I will obey the laws of the United States, the State in which I live and any municipal regulations. Clear? Rule 2 is, I will report any type of arrest, instantly, to my probation officer no matter the end result. Please help me understand just how a brand-new arrest, reported to the officer, does not violate your probation.
Does a new arrest violate your probation? YES!
I am attorney Jef Goldtrap. If I can help you reach out. Even if you are facing a probation violation warrant go out there and make it a great day.