Can I get a probation violation after a judge granted me early release from probation?

UPDATED: Jan 10, 2012

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Can I get a probation violation after a judge granted me early release from probation?

I was on probation for driving without a license. After that I got my license reinstated and went in front of a judge who granted early termination of probation. Here it is 6 months later and I received a probation violation for another driving without a license that happened while I was on probation. Can they still give me a violation even after the judge released me from probation?

Asked on January 10, 2012 under Criminal Law, Ohio


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Once you are done, your done.  As long as the judge actually signed the order, you should be free of the probation.  You need to double check that the judge actually signed the proper order and it was submitted to the correct office to close out your file. You may be a victim of the right hand not talking to the left hand.  After a judge signs an order discharging a probation, it is finalized and any matters not resolved cannot be applied retroactively to violate the probation.  However, if the fine was not paid, the judge could potentially issue what is called a "capias pro fine."  It feels a whole lot like a revocation, but procedurally, it's different.  This occurs after someone has finished their case, but has failed to pay their fine and court cost as required.  The judge issues a warrant, or capias, ordering the person arrested to show cause why they have not paid the fine.  This is not an order to violate a probation, but rather to enforce the fine.  Considering the nature of your case, you may want to have an attorney review your order and other documents to try to piece together how this new probation violation managed to pop up.  It may be possible to correct the situation with a simple visit with a court clerk to confirm that the prior discharge order was properly entered.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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