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Question on probation violation

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needhelp480

Junior Member
What is the name of your state (only U.S. law)? AZ / NM

Thank you for looking at this... I am on felony probation from NM for 3 years for Fraud, larceny, and embezzlement. I have been on probation for 1 year now, I had the probation moved to AZ under the compact agreement. Now I have found out that I am being charged with 4 counts of worthless check act in NM which is felony's there. This crime was just set for araignment and my Public Defender is doing a motion to waive my ariangment since I live in AZ and have for the past 2 years. These checks were writen in 2006 before my probation started so could these be considered a violation of probation even though they happened before I was even on probation? Thanks for the help!

Also just an FYI the first crime that I am on probation for was in one county in NM, and this second one is in another Bernallilo if it matters any.
 
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seniorjudge

Senior Member
Q: These checks were writen in 2006 before my probation started so could these be considered a violation of probation even though they happened before I was even on probation?

A: Without having read all the documents in your case, my GUESS would be no. Google ex post facto. There is a lot of controversy on this question.
 

needhelp480

Junior Member
Thanks for the fast response, so should I just sit tight and not worry about it? My public defender is going to do the waiver of argainment and the DA already agreed to the waiver and condition of release. Would the DA be the one to revoke my probation if it was going to happen? Also no one has even mentioned my probation yet, they seem to be acting like its just a new case etc...
 

seniorjudge

Senior Member
Q: Thanks for the fast response, so should I just sit tight and not worry about it?

A: I never said anything even remotely resembling that! You need to be discussing this with your lawyer yesterday.




Q: Would the DA be the one to revoke my probation if it was going to happen?

A: The court that imposed the probation will be the one to revoke it. The DA may or may not ask for it to be revoked. The court doesn't need anyone to request the revocation.
 

needhelp480

Junior Member
How would the court revoke it if no one requests it to be revoked? Since this case has nothing to do with that case, and these charges were from 2006 way before I started probation? I have not been assigned a lawyer yet the duty attorney is the one doing the waiver of arraignment. Also if they do try to revoke probation how does that work? Would I be given a court date to go in front of the judge? Will my PO contact me if this happens? I just talked with her yesterday and she did not mention anything. I don't want to bring anything up if nothing is even going to be mentioned or said about it! I still cant believe that a bad check in NM is a felony and that they are prosecuting it after 2 years!
 
How would the court revoke it if no one requests it to be revoked?
The Judge does not have to wait for someone to request it. If the Judge see's that you're just a general screw-up, the Judge can take that action in their own.

Since this case has nothing to do with that case, and these charges were from 2006 way before I started probation?
Your present probation cannot be revoked based on something that occurred prior to this case.

Also if they do try to revoke probation how does that work?
The Probation Officer submits a Motion to Impose Sentence to the Judge. If the Judge finds that there is sufficient cause to revoke, then an arrest warrant is issued immediately. There are no letters in the mail, no advanced warnings.

Would I be given a court date to go in front of the judge?
This is probably one of the few parts of this process that you can be guaranteed of. Dressed properly in County Jail attire.

I still cant believe that a bad check in NM is a felony and that they are prosecuting it after 2 years!
Some states differentiate Misdemeanor and Felony by the amount of the check. The Statute of Limitations is usually different for Misdemeanor and Felony. Some Felonies have no limitations on prosecution, i.e; Murder.
 

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