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Am I done with probation yet?

 
 
Reply Sat 28 Feb, 2009 11:29 am
So I went to see my probation officer on Feb 25, 2009 and he tells me that my probation was completed as of Feb 5, 2009. But decides to schedule me for another appointment on March 25, 2009 so he can "review" my file. He says to call first because I may not have to come in at all. I did complete all but one stipulation which required me to complete an impatient drug program, but I did not qualify (this has been confirmed with my PO) so I was instructed to complete an outpatient program instead, which I am currently doing (and have been for 1 year 2 months). I have not received a letter from the court nor the probation office stating that my probationary term has been suspended, terminated, or extended in any way. My question is am I legally off probation or is there a reason why he would extend my probation 2 months without giving me notice beforehand?
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Type: Question • Score: 5 • Views: 10,625 • Replies: 11
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Chumly
 
  1  
Reply Sat 28 Feb, 2009 11:50 am
For starters why don't you ask your PO what his reasoning is?
gorrorvilm
 
  1  
Reply Sat 28 Feb, 2009 12:19 pm
@Chumly,
He said "to review" my file, but I don't see the logic in that since he does it at least every time we meet?
Chumly
 
  1  
Reply Sat 28 Feb, 2009 12:25 pm
@gorrorvilm,
You want to know on what basis he needs to review your file at this time.
gorrorvilm
 
  1  
Reply Sat 28 Feb, 2009 12:47 pm
@Chumly,
Thanks. I'll bug him on monday!
sullyfish6
 
  2  
Reply Sat 28 Feb, 2009 02:20 pm
@gorrorvilm,
Don't go in there with an attitude.

What he recommends to the powers that be (the court) will have much power. He is probably waiting to see if you are clean and/or sober, even when your "official" Probation is over. Since you weren't able to go into the type of treatment recommended by the court, he wants to see if you were able to get it together using another treatment program.

Be nice . . .
0 Replies
 
Debra Law
 
  2  
Reply Sat 28 Feb, 2009 02:49 pm
@gorrorvilm,
gorrorvilm wrote:

So I went to see my probation officer on Feb 25, 2009 and he tells me that my probation was completed as of Feb 5, 2009. But decides to schedule me for another appointment on March 25, 2009 so he can "review" my file. He says to call first because I may not have to come in at all. I did complete all but one stipulation which required me to complete an impatient drug program, but I did not qualify (this has been confirmed with my PO) so I was instructed to complete an outpatient program instead, which I am currently doing (and have been for 1 year 2 months). I have not received a letter from the court nor the probation office stating that my probationary term has been suspended, terminated, or extended in any way. My question is am I legally off probation or is there a reason why he would extend my probation 2 months without giving me notice beforehand?


The answer depends on the specific facts of your case, the contents of your criminal judgment, and the statutory law of your state.

Dig out your criminal judgment. What does it say?

Examples:

If your sentence was imposed on Feb. 5, 2008, and if you were merely sentenced to one year of probation, your sentence (term of probation) would automatically terminate at midnight on February 4, 2009. That doesn't get you off the hook for any violations of the conditions of your probation that may have occurred prior to the ending date. However, the statutory law of your state may require your probation officer or the state to bring a revocation petition within a specified amount of time or be barred from doing so. (Which may be why your probation officer desires to "review" your file in order to determine whether grounds exist for filing a revocation petition--and if so, a petition must be filed within the statutory period of limitations.)

If your sentence was imposed on Feb. 5, 2008, and if you were given a sentence of incarceration that was suspended (in whole or in part), your period of probation would start on the day the sentence was imposed or the date you were released from jail/prison, whichever date comes later.

Without knowing all the facts, the contents of your criminal judgment, and the applicable state statutory law, no one here can answer your question.
0 Replies
 
sullyfish6
 
  1  
Reply Mon 2 Mar, 2009 03:34 pm
Unless you have fullfilled the TERMS of your probation, the dates mean nothing. The PO is looking at the requirement that you be successful in completing your recovery treatment.

gorrorvilm
 
  1  
Reply Mon 2 Mar, 2009 05:35 pm
@sullyfish6,
Thank you all for your answers. I called my PO today and he says I am done with probation as of the 5th of Feb. The probation office did not file any violations before my expiration date, nor did the court, so they have no power to hold me. Unclear about whether or not the court could file a contempt of court against me for not following a court directive. However, I did not qualify (since I am not a drug user) for an impatient treatment so they may well have dismissed this along time ago. At any rate, all seems well now...time to move on.
djjd62
 
  1  
Reply Mon 2 Mar, 2009 05:37 pm
@gorrorvilm,
cool
0 Replies
 
ossobuco
 
  1  
Reply Mon 2 Mar, 2009 06:21 pm
@gorrorvilm,
Glad to hear it.
0 Replies
 
q1605
 
  1  
Reply Wed 18 Mar, 2009 10:14 am
Probation is a contract between you and the court and they will not breach it unless you do. There are many sanctions for a violation all the way up to revoking you. But they don't make things up as they go along. It's as hard and fast as a jail sentence. They cannot pile on anything more without cause. Period end of story. If they file a motion to revoke you can fight it and you can minimize any new sanctions but you are pretty well going to be reprosecuted as if it was a new charge. As far as the negative consequences on your life.
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