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This is quite simple. To be in breech or violation of probation, a PO doesn't have to go through the courts to arrest you. You are already in the system. All he has to do is fill out a "pick-up" order, and file it with the sheriffs department, and they will arrest you on violation of probation. The pick-up order acts as a warrant, but isn't filed with the County Clerk's office. Only a warrant can has to be issued by a judge. The pick-up order can be filed by your PO and or, if you are a minor, by your parents. A police officer, during a traffic stop can even issue a pick-up order if he personally witnessed you violating your probation. Having said all this, the simple fact is that since you are a probationer, you don't have the same rights as a person who isn't. You belong to the Department of Corrections until you are done with your sentence. Of course, the PO has a certain amount of time to file his complaint against you, if not, you have to be released from jail, and your probation continues. But, most likely, he'll have all his eggs in one basket before issuing the pick-up order.

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15y ago
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5d ago

It is possible for a warrant for breach of probation to be issued after a background check was conducted if the individual violated their probation conditions after the check was done. Warrants can be issued at any time if someone violates the terms of their probation, regardless of when the background check was conducted.

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Q: How can you be arrested for breach of probation when previous background checks did not state any such warrant?
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Related questions

If you have a warrant when you finally get arrested do you have to get on probation?

Probation or jail, or jail and then probation, it depends upon the judge.


Can a probation officer have you arrested in his office when you report to him for your meeting if you have a warrant out for a breach of one of the conditions of your probation in Alberta Canada?

Yes Yes


Do warrants issued for misdemeanor probation in Georgia expire?

A warrant never expires unless the warrant is served & returned (you're arrested) or a judge revokes the warrant.


Can you get id card with a probation warrant IN GA?

You can always get an ID card, regardless of your status. However, don't be surprised if you get arrested when you apply!


What is a probation warrant?

A probation warrant is issued when a person violates the terms of their probation. The warrant is issued by the court and the person must appear to explain their actions to the judge.


Can you get arrested on a violation of probation warrant a week after the warrant was served?

If it is, in fact, the SAME warrant, it IS possible that, administratively, it was not cleared from the system. If the arresting officers acted"on good faith" that it existed the cour twill dismiss and nullify the second arrest.


You were arrested 2007 for possession of meth you didnt go to court and didnt ever report for probation is there a warrant issued?

Unless there was a filing error or some other mistake (highly unlikely), you will have a warrant out for your arrest.


Is a warrant issued for a probation violation a felony warrant?

If the offense you were found guilty of when you received your probation sentence was a felony, then your violation will be a felony warrant.


Does a probation violation for drug paraphernalia ever go away after time?

This depends on what you mean by go away. If you were arrested for possession of drug paraphernalia while on probation this will always be on your arrest record. If you are referring to being on probation for drug paraphernalia and a probation violation warrant is active then no it will not go away. It is possible to get a lawyer to enter on the case and maybe get Court date without having to be arrested.


I have an out of state warrant for violation of probation. Probation has expired can I fight from here.?

If you have an out of state warrant for probation vialation, you must present yourself in that state to have it takin care of.


What happens if im on probation till you turn 18 but decide not to show up to curt?

A warrant may be issued for your arrest. It will not go away until you are arrested.


Can a probation officer lift a hold on you if you are in jail with new charges but not yet convicted?

If it is the probation officer's warrant then yes, but they probably will not. If it is the judge's warrant the probation officer cannot.