How to dispose of a probation violation warrant

[LDCOTX]

What is the name of your state? Texas

In Feb '05, I was arrested for DWI in Denton County. I was sentenced to 18 months probation, along with fines and community service. I completed all the requirements of my supervision and was just waiting out the last few weeks of my sentence. Then in Nov '06 I was arrested for assault in Travis County (where I had recently moved). My probation officer in Denton County issued a warrant, which is currently still active. My case in Travis County was just dismissed (yes, it took 2 years). What do I need to do to have the warrant in Denton County lifted? Am I correct in thinking that since my case was dismissed, that I didn't technically violate my probation? Are there any consequences for having avoided this warrant for 2 years?

And, while this warrant is active, can I be arrested if I try to renew my drivers' license?

[OldandTired]

Aug 06 would have been the termination date of the probation from Denton. Did you get extended? If so, why? Did you pay all court-ordered fees? Is there anything you might have left out? If the termination date was Aug 06, you can contact the Court in Denton and speak with the Court Clerk from the Court the warrant was issued.

There should be no pending action after the termination of your probation. The Court would no longer have jurisdiction. In response to your other question, yes. If you have an active warrant in the system, DPS will take you into custody there at the DL Office. It's up to you after being transferred back to Denton, to straighten this out with Court.

[FlyingRon]

He says we was arrested in Feb 05. The important date is the date of conviction.

Assuming you were still in your probation period the second time, did you report the arrest to your PO? You are usually required to report arrests (convicted or not). Have you ever contacted your PO since to inform him of your status

With a warrant active, you can be arrested no matter what you do. All it takes is a traffic stop or other run in with the police.

[LDCOTX]

The original probation was to terminate in Dec '06. Classes, fines, community service, everything was completed early. I did tell my PO about the arrest, and he said if the case got dropped quickly then he wouldn't issue a warrant. But he did, because nothing happens quickly in our court system. So can my PO (who I haven't talked to in 2 years) rescind the warrant if I fax him the dismissal papers? Or should I start with the judge?

And I have been pulled over once since then, but nothing happened. Not even a ticket. Is it just possible the cop didn't run the license? It was in a different county.

[OldandTired]

I'm still a little confused. Your probation DID terminate in Dec. 06? There were no extensions?

If you haven't talked to this Probation Officer in 2 years, why do refer to him/her as "my PO"?

You're leaving me to believe that the Court still has some jurisdiction regarding you. Once probation terminates, that's it. They can't make anything retroactive.

If this current warrant is due to a violation of conditions of probation, then yes, you can be held to answer on it, so long as the warrant was issued during the time you were on probation from Denton.

If you have the dismissal paperwork from the other charge, why haven't you already faxed it to the Probation Officer?

Once you do fax that paperwork and the warrant is rescinded, make sure you get notification from either the Court or the Probation Officer that the warrant was rescinded and carry that with you for no less than 6 months.

You have a resolution to your own problem, and you haven't done anything about it. Why not?

[LDCOTX]

I'm still a little confused. Your probation DID terminate in Dec. 06? There were no extensions?

It would have, but I got arrested that November and a probation violation warrant was issued. I'm assuming that affects the disposition of my probation.

If you haven't talked to this Probation Officer in 2 years, why do refer to him/her as "my PO"?

Ok then, the person who was my PO when I was actively on probation.

You're leaving me to believe that the Court still has some jurisdiction regarding you. Once probation terminates, that's it. They can't make anything retroactive.

Can the probation terminate when a warrant is active? I don't know!

If this current warrant is due to a violation of conditions of probation, then yes, you can be held to answer on it, so long as the warrant was issued during the time you were on probation from Denton.

I got arrested while on probation, but the case was dismissed, so was it actually a violation? I don't know!

If you have the dismissal paperwork from the other charge, why haven't you already faxed it to the Probation Officer?

That's what I'm asking! I didn't know who to go to with the dismissal papers.

Once you do fax that paperwork and the warrant is rescinded, make sure you get notification from either the Court or the Probation Officer that the warrant was rescinded and carry that with you for no less than 6 months.

Makes sense. Thanks.

You have a resolution to your own problem, and you haven't done anything about it. Why not?

I didn't have a resolution until I asked the question here. I'll get on it.

[CavemanLawyer]

If a warrant was filed than that means a motion to revoke your probation was filed by the DA's office. It is no longer the probation department's case, it is now assigned to an ADA. Even if your probation full terms after this filing, they can still proceed on this motion as long as the motion was filed while your probation was still active. They could go forward even 50 years later if they wanted. Since a motion to revoke probation hearing is an administrative hearing, it is completely separate from the criminal case that was filed against you. That means that even if your case was dismissed, in fact, even if you took it to trial and were found not guilty, the DA's office could still go forward on their motion and try to prove up that assault. Also, the burden in a revocation hearing is only a preponderance, whereas in the criminal trial it was beyond a reasonable doubt. So it is not at all uncommon for a probationer to get their case dismissed and then still have the state proceed against them in the revocation hearing for the assault.

At this point the only thing you can do is hire an attorney and have them talk with the ADA assigned to this case and see how they want to proceed. They may agree to just withdraw the motion, which will recind the warrant. They may want to proceed and seek jail time. In any case, whatever deal you made with your probation officer is no longer on the table.

[LDCOTX]

At this point the only thing you can do is hire an attorney and have them talk with the ADA assigned to this case and see how they want to proceed.

Money is an issue. I'm assuming if I tried to just walk in and talk to somebody, I would be arrested. I live 3 hours away, so that's not a constant danger.

Would I harm my case if I did try to deal with this in person over the phone? Could I even get anyone to do anything without me showing up in person? Or should I just wait until I have money for a cheap lawyer?

[CavemanLawyer]

If you show up at probation or the DA's office you will surely be arrested. If you try to call the prosecutor they will not talk to you (except maybe to try to convince you to turn yourself in.) A prosecutor cannot deal directly with a defendant, and that is what you are, unless they have been allowed by the court to represent themself, and that cannot happen until you arrested on your warrant.

If you want to negotiate a plea agreement/withdrawal before you come in, you need an attorney. Otherwise just turn yourself in and you may be appointed an attorney if you cannot afford one.

[Indiana Filer]

Money is an issue. I'm assuming if I tried to just walk in and talk to somebody, I would be arrested. I live 3 hours away, so that's not a constant danger.

Would I harm my case if I did try to deal with this in person over the phone? Could I even get anyone to do anything without me showing up in person? Or should I just wait until I have money for a cheap lawyer?

You can be arrested on that warrant in your current location. If you get stopped for jaywalking, speeding, broken taillight, etc, the police will run your info and find the warrant. If you are the victim of a crime, they will run your info and find the warrant. When they find the warrant, you'll be taken to jail to await extradition.

Because the PTR was filed, you didn't get off probation. Your probationary period was tolled, or stopped, until the Court deals with the PTR.

The fact that the new charges were dismissed helps your case, but does not mean your PTR automatically goes away. As was said in another reply, it's up to the prosecutor's office now, and you're going to have to appear in Court. The prosecutor could decide to dismiss the PTR, or they could go ahead with the hearing on it. They don't have to prove you violated beyond a reasonable doubt. They just need to prove a preponderance of the evidence to show you violated your probation.

I would recommend finding a way to hire an attorney to appear with you in Denton County. The attorney could arrange for you to surrender yourself on the warrant without you being booked into jail. The attorney might be able to negotiate a dropping of the PTR.

I'm a probation officer.

[Indiana Filer]

It would have, but I got arrested that November and a probation violation warrant was issued. I'm assuming that affects the disposition of my probation.

Yes, your probation was tolled, or stopped.

Ok then, the person who was my PO when I was actively on probation.

Since your probation tolled, still your PO, unless they assigned your case to someone else.

Can the probation terminate when a warrant is active? I don't know!

Not if they filed a Petition to Revoke Probation.

I got arrested while on probation, but the case was dismissed, so was it actually a violation? I don't know!

They may not be able to prove the new case beyond a reasonable doubt. A violation just requires a preponderance of the evidence. The state just needs to prove more than 50% that you violated probation.

That's what I'm asking! I didn't know who to go to with the dismissal papers.

An attorney.