Re: Violation of Probation

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Hello Kelly

In my experience and from what I have learned.

In many/all cases a person on probation is not permitted to
leave the state without receiving permission from the
probation officer and/or the court (i.e. the judge).

I have noticed that, depending on the crime, the probation
office takes excessivly long to have you found in violation.
I think it should be only a month or two, but I have seen them
take as long as two or more years to finally do something.

There may have been actual jail time that was suspended and
the probation was imposed, probably due to the crime being a
minor one. If your sisters case was for over $300 it could
easily have been a Felony and that is punishable by up to
fifteen years (I am fairly sure). Felony theft does have some
serious jail time as a punishment (as much as fifteen years)
Misnomer theft may only have a punishment of eighteen months.

FYI: So as to not sound evasive I will be a little open with
you. I spent two weeks in a detention center (jail) for doing
something unwise (but not illegal) and had the opportunity get
an education so I will share what I learned with you (and any
other reader)

First, judges get really upset when you violate their
probation. They often feel they are doing you, the criminal,
a favor by not sending you to jail (it doesn't matter if you
are rightly or falsely convicted)

Second, when you are found in violation of probation, you will
often face three charges when you appear before the judge
again. First is the violation of probation. Second, is the
original sentence (that means going to jail and serving the
actual sentence). Third, are the new charges for whatever
crime you have committed (if any).

Third, I also learned, that at the end of the day, the Judge,
Prosecutor, and your attorney will all go home. It is up to
you to make sure you go home, particularly if you are not
guilty of the crime you face. Remember, all lawyers are
officers of the court. Their first loyalty is to the court,
the community second and to you last. Never forget that.
Also, and this is important, the public defenders office is
paid by the State attorney's office. The public defender is
just that. A public defender. Not your defender. They are
there to protect the public from you. If you don't believe
me, talk to convicted criminals. Another thing, don't think
that the lawyers and judge never sit and discuss what will and
will not be brought forth in court to help ensure a
particlular verdict.

I would suggest calling the probation office and trying to
make 'amends' and showing genuine regret and remorse for being
neglegent.

I hope this helps you

On 11/19/03, Kelly wrote:
> In the state of Maryland... at what point does a violation
> of probation expire or does it? My sister was arrested and
> sentenced to 5 years probation for theft. She served two
> years and then just stopped going to her probation and
> moved out of state. Although she is unsure, we can
> probably be certain that a violation has been filed
> because it has been 6 months. Does this violation ever
> expire?

Re: Violation of Probation, 4/22/10, by Miranda.

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