How to determine the validity of a warrant for probation violation?

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How to determine the validity of a warrant for probation violation?

I went to court today in Riverside California on a 10 year old P.V. warrant. I assumed the P.V. was for failing to complete community service, which would have been true, however, I discovered that the P.V. was for failing to complete a class. I explained to the P.D. that I had not been ordered to complete the class. She checked the computer and could not find the order, so we were granted a continuance while they attempt to pull the signed agreement. If they can not find an order or agreement to complete this class, but they discover in the process that I was suppose to complete community service but did not, can they still hold me accountable. I guess what I want to know is wether there is an out here such as “due diligence” or some procedural reason why they would not be able to still charge me for a P.V. for failing to complete the community service after 10 years.

Asked on May 7, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

No matter how old a particular case is, if you are placed on probation, you are responsible to complete each and every probationary condition the judge has set in his or her order of probation. A failure to complete any condition can result in a violation hearing. Because the case is so old, and there is at this point no signed probation violation or show cause order, the judge in this case may simply close out the probation in which you will not have to complete anything else, including the community service. However, the Judge still has the authority to order you to complete any conditions you failed to meet if violated, no matter the 10 year lapse in time.


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