A judge discovers a probation violation when a policeman arrests a probationer. At that point his name is put into the computer system and he is taken to jail. Then he is presented to the judge as a probation violator.
It was a lot harder before computers existed.
i've never heard of provoking probation, i assume you mean to revoke probation. Revocation of probation usually occurs when you violate the terms of your release. A common violation is alcohol cumsuptions. Usually you will see a judge in this case and you may possibly have to serve the rest of your time in jail instead of probation if it is a serious enough infraction. Probation is a chance for you to prove to the court you can be better, it is something that is given, therefore can be taken away.
Find a local probation lawyer here http://www.lawyers.com/Parole-And-Probation/browse-by-location.html
You are asking what your punishment should be if you are on probation because of a DUI conviction? What state are you in? What are the terms of your probation? What was the violation? You need to provide a lot more information to your question. If you need to find a lawyer, I would suggestion http://www.targetlaw.com
They will keep looking and schedule a later Court date. Someone from the probation office will cover the case. The Court will not just forget.
As soon as he checks with local law enforcement, runs your record, or is notified by the arresting agency/officers.
If your probation officer is doing his/her job it is quite likely that during a routine check on you it will turn up. As odd as it seems, it would probably be in your best interest to advise your PO of this before they find it out for themselves.
I would call your probation officer to find out.
If you are on parole for a felony and you break those rules by not reporting and leaving the state(KY) withoout permission what will happen. My stepson broke these rules and they arrested him in FL and he is being brought back to Ky. He served 2 1/2 years of 5 years. Unlike other criminal cases, a probation violation hearing is not tried before a jury. Instead, the judge presides over the case during a bench trial. The judge does not use the "reasonable doubt" standard to consider the guilt of the defendant. In probation violation cases, the standard of proof is a "preponderance of evidence," meaning the judge will determine guilt if the prosecutor shows that it is "more likely than not" that you violated your probation. The consequences for a felony probation violation depend on the circumstances of the alleged violation, previous criminal history, and recommendation by your assigned probation supervisor. If you are found guilty of a probation violation, you can find yourself facing arrest with no right to bond, on top of charges for any criminal offense committed while on probation. The time you have already served for probation may also not count towards your sentence. For particularly serious probation violations, the judge may have you serve out your original sentence and even enter a guilty conviction if your adjudication was initially withheld.
No, it can't be appealed. You don't get to go to trial on a Violation of Probation. because you have ALREADY been found guilty of whatever crime you were originally charged with. The judge's sentence after finding you guilty was - probation. The only thing you had to do in order to remain out of jail was follow a few simple rules. If you violated these rules that means you can't be trusted with your freedom and the judge can revoke your probation and remand you to jail to serve the time for your original crime behind bars. If your VOP consisted of committing an additional crime, then not only to you get VOP'ed, but you can be charged with the new crime as well. Probation is not a 'get out of jail free' card.
It depends on the probation, felony or misdemeanor. Either way, if you get picked up in Florida they will run a nationwide warrant check on you. If they find the po violation, they will let the that county know and they will have a set amount of days to come get you or your automatically released. Here in Texas its 10 buisness days
1. Being charged and convicted are two different things. If you are convicted, it would normally violate probation, even in another state. 2. DO NOT PLEAD GUILTY TO THE CHARGE, especially if your probation will end in a few weeks. Speak with an attorney or even a PD, and drag it out. If the conviction takes place after the probation is up, most states will disregard it (probation is not like regular criminal law, and is no real respecter of rights). 3. All of that having been said, it is still highly unlikely that your probation will be impacted, as typically a court will do a reasonably localized search for existing probation. They are free to do a nationwide search, but misdemeanor offenses are seldom "important" enough for the county to spend the money to transport you over them, so most courts try only to include regions that are likely to want to put you in front of a judge. You are probably safe either way, but legally yes... if the judge that awarded the probation were to find out about a "conviction" of any kind, (s)he would likely consider it a violation of your probation.
He is looking at a lengthy jail term if in possesion of an illegal substance in australia It would depend entirely on what his violation was. If he violated the rules of his probation but did not commit any new crime, he would be out in a matter of days or weeks. If, on the other hand, he committed a new crime, he will be in until at least after his bail hearing, and then he may only be released if the judge allows bail. In the interim, his PO should meet with him there to explain the reason he was returned to jail.