If I abscond past my maximum discharge date for probation, can I be violated?
An order of conditional discharge may be made if the court does not think it expedient to impose a punishment and a probation order is inappropriate.
You are notified by the court, or your probation officer, that you have completed the term of your probation and (in my experience) given a 'certificate of discharge' from probation. Of course if your jurisdiction differs from this procedure, contact your PO and simply ask.
It is not uncommon for the probation department to review your case shortly before discharge, then recommend a violation based upon your non-compliance. The hearing on such an end-of-probation violation may well occur after what would otherwise have been the discharge date.
If you SUCCESSFULLY completed your probation sentence and were released from probation by the judge who sentenced you, you cannot now be charged with a VOP. HOWEVER, if you only THINK that your probation expired but you haven't gone to court to hear the judges discharge, you are NOT released just because the date came and went. The key words are "SUCCESSFULLY completed" and "were DISCHARGED" by the judge.
Discharge at lv 50
Discharge Summary
No. A judge has to order that a part of your sentence may be served by probation. A prosecutor can recommend probation on the facts of your case, but that is totally in his or her discretion. And even if probation is recommended by the prosecutor, the judge gets the final say. See a criminal law attorney in your area if you want to try to turn some of your sentence into probation.
It is the final report written by your PO just before your probation sentence expires. It is submitted to the judge summarizing your conduct and attitude while on probation and under his supervision. Consider it like a glorified report card.
If you are in jail now because your probation has been revoked, it is likely that you will remain in jail until the final decision on the motion is made by the court.
when doe the lawyer file a motion for a discharge
Since none of the circumstances are known, this is impossible to answer. Be happy that you weren't serving your time jail.