The Hive Law

Can A Probation Officer Lift A Warrant? (Are You Going To Jail?)

Can A Probation Officer Lift A Warrant - Violation Of Probation Warrant - How To Clear A Probation Violation Warrant - What Happens If You Have A Warrant For Probation Violation

Can a probation officer lift a warrant?

In this article, you’ll learn about:

  • if a probation officer can lift a warrant
  • limitations of probation violation warrants
  • what happens if you have a probation violation warrant
  • what is a violation of probation
  • is a violation a felony for you
  • will you go to jail for violating probation 

Let’s dig in.

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Key Points About Probation Officers Lifting Warrants

  • probation officers cannot lift a warrant
  • violating probation gets you jail time or longer and stricter probation
  • probation violation warrants are lifetime warrants
  • you’ll sit in jail until your probation violation hearing (this could be months)
  • you cannot get released from jail until your hearing

Can A Probation Officer Lift A Warrant?

No, a probation officer cannot lift a warrant. 

Even if it is the probation warrant that they issued. 

A warrant will remain in effect until the warrant is “executed.” 

Executing a warrant means you are arrested by law enforcement.

The only way to lift a warrant is to:

  • serve time in jail
  • get probation reinstated
  • get probation discharged

Serving time in jail means that you finish your probation period in jail. 

Probation is a replacement for a jail sentence. 

If you violate probation, you can get placed in jail instead. 

Reinstating probation means that you go back on probation instead of going to jail. 

Discharging probation means that you don’t have to report to a probation officer anymore.

Let’s say that you and your probation officer agree the warrant was wrongly issued. 

You will still have to go through the process of:

  • getting arrested or turning yourself in
  • spending time in jail until you can get in front of a judge
  • having your probation officer explain the situation to the judge
  • getting your probation violation signed off by the judge

Your probation officer cannot lift a warrant. 

You will have to go through the process of getting arrested and appearing in front of a judge. 

Statute Of Limitations For Probation Violation

There are not any statutes of limitations for a probation violation warrant. 

You can violate probation on the last day of your probation sentence. 

You will still get arrested or have a warrant for your arrest. 

You could wait 40 years to go back to your home state.  

If you have a probation violation warrant, you’ll have to:

  • get arrested
  • serve your suspended sentence

You can also get extradited from another state back to your home state. 

There is a limitation on a probation violation warrant. 

The probation officer has to file it during your probation period. 

They cannot file it, say, a month after the end of your probation period. 

A probation warrant will basically last the rest of your life. 

Until you serve that sentence for the violation.

How To Clear A Probation Violation Warrant

To clear a probation violation warrant, you’ll have to either:

  • serve time in jail
  • get probation reinstated
  • get probation discharged

You cannot clear a probation violation warrant without showing up in front of a judge. 

Only the judge can clear a probation violation warrant. 

Your probation officer cannot lift a warrant after it’s been issued. 

They will make you either go to jail or go back on probation.

Probation Hold

A probation hold is you getting held in jail until your probation violation hearing. 

Let’s say that you are already on probation and you commit a crime. 

This is a violation of your probation and you could end up in jail. 

When you go to jail, they can put you on a “probation hold.”

This means you stay in jail until your probation violation hearing. 

This could be up to 60 days from when they detain you. 

How To Get A Probation Hold Lifted

To get a probation hold lifted, your attorney needs to file a motion to lift the probation hold. 

You need an attorney since your probation officer can’t lift your warrant. 

Your criminal defense attorney will also have to post a probation bond to get the probation hold lifted. 

Fill out the form on this page to get your probation hold lifted by our law firm.

Violation Of Probation Warrant

Here are ways that you can get a violation of probation warrant against you:

  • failure to pay fines
  • failure to do your community services or rehab
  • failure to appear in court or at your probation meetings
  • failure to follow your probation rules
  • failure to report to your probation officer
  • possession of illegal items
  • committing crimes
  • getting arrested

Some tips to avoid the violation of a probation warrant are:

  • avoid drugs that are not prescribed by a doctor
  • do not break any laws
  • avoid being around people who break the law
  • avoid places where criminal activity occurs
  • keep all appointments with the probation officer
  • allow the probation officer to visit your home or work
  • find and keep a job
  • do not leave the state or city without permission from the probation officer

When you violate your probation, your probation officer is the one filing the violation. 

Your probation officer will not try to lift your warrant. 

What Happens If You Have A Warrant For Probation Violation?

Your probation officer will present your probation violation to the judge. 

The judge will issue a probation violation warrant. 

Law enforcement will either:

  • show up at your house to arrest you
  • wait to arrest you until you get pulled over for a traffic stop

Once you are arrested, you will go to jail. 

With a probation violation, you cannot get released from jail after your arrest. 

You have to stay in jail until you can get in front of the judge. 

This means you could spend up to 60 days in jail waiting for the judge’s availability. 

The courts will schedule you to appear in court. 

During your court hearing, your probation officer will be there. 

The judge will ask them and you about the situation. 

Then, the judge will issue a court order you to either:

  • spend the remainder of your probation timeline in jail
  • go back on probation (reinstated)

If you are sentenced to go back to jail, you will go back immediately. 

If probation gets reinstated, you will go back to jail and then get released.

Probation Violations

If you violate probation, you’ll likely get:

  • revocation of probation
  • extension of your probation
  • spend time in jail
  • have to pay heavy fines
  • get additional community services
  • have to pass drug tests more frequently

Types Of Probation Violations

A probation violation can occur in one of three ways:

  • Technical Violation. This is when you fail to meet the conditions of your probation. (i.e., failing to pay fines)
  • Substantive Violation. This is when you get arrested for committing another crime while on probation. 
  • Special Violation. This is when you fail to follow special rules. (i.e., having no contact with the victim) 

Let’s say that your probation officer believes that you have violated probation. 

They can have you arrested without submitting a probation warrant for your arrest. 

But, they can also have you arrested without a probation warrant. 

What Are Probation Violations?

Probation violations are:

  • failure to pay fines
  • failure to do your community services or rehab
  • failure to appear in court or at your probation meetings
  • failure to follow your probation rules
  • failure to report to your probation officer
  • possession of illegal items
  • committing crimes
  • getting arrested

Is A Probation Violation A Felony?

No, a probation violation is not a felony or a misdemeanor. 

You are violating the terms of your probation. 

You are not committing a new crime. 

The judge is determining how to punish you for violating probation. 

Not how to give you extra criminal charges

They will either:

  • make you spend a little time in jail
  • spend the remaining probation timeline in jail
  • give you extra probation
  • make your probation more strict

They are not giving you felony or misdemeanor charges for probation violations.

Types Of Warrants

A warrant is a court order from a judge authorizing police officers to arrest someone.

There are three types of warrants:

  • Bench warrants are for things like failing to show up to court.
  • Probation warrants are for violations of probation.
  • Arrest warrants are based on evidence a person committed a crime.

FAQs About A Probation Officer Lifting A Warrant

Here are some other questions we get about probation officers lifting warrants. 

How Long Does A Probation Officer Have To Violate You?

Probation officers need to file your violation before your probation period is over. 

After filing your violation, the probation violation warrant has no statutes of limitations. 

Meaning that you can get arrested 30 years from now for probation violations.

How Long Is Felony Probation Violation Jail Time?

Felony probation violation jail time is equal to the jail time you’d have for that felony. 

Let’s say that you:

  • have an attempted manslaughter charge
  • could get up to 5 years in your state for an attempted manslaughter
  • got probation of 5 years instead of jail time
  • violated your probation for that felony

The judge will give you 5 years in jail for this felony probation violation. 

Let’s say you had vehicular manslaughter that is 20 years in jail in your state. 

You’d spend 20 years in jail for this felony probation violation. 

Let’s say you assaulted someone and that is 2 years in jail in your state. 

You’d spend 2 years in jail for this felony probation violation. 

What Happens If You Get A Warrant While On Probation?

If you get a warrant while on probation, either:

  • the police will show up to arrest you at your house, work, or known locations
  • the police will arrest you during a normal traffic stop
  • your probation officer will detain you during your meeting

If you get a warrant on probation, you can:

  • turn yourself in to the police
  • turn yourself in to the judge
  • ignore the warrant

Voluntary surrender is the best route for you. 

This shows the judge that you are serious about the terms of your release. 

Ignoring the warrant makes the judge less likely to release you on bail

They are also more likely to:

  • make your probation more strict
  • put you in jail for the remainder of your probation timeline

What Happens If You Get Arrested While On Probation?

Getting arrested on probation is a violation of probation. 

You need to inform your probation officer within 24 hours. 

NOT informing them is an additional probation violation. 

If you’re in jail, you can use your call to:

  • personally inform your probation officer of the arrest
  • tell someone you trust to relay the information within 24 hours

You will likely get detained until there is a probation violation hearing. 

It’s normal to get detained for violating probation (i.e., getting arrested).

Can A Traffic Ticket Violate Felony Probation?

A traffic ticket should not violate felony probation. 

A felony probation violation is committing a crime. 

Traffic tickets are civil offenses (infractions).

For civil infractions, you just pay a fine. 

These are not criminal offenses. 

“Criminal offenses” mean that the police are charging you with a crime. 

Some states charge you with misdemeanors for all traffic violations. 

In this case, this would violate felony probation. 

Are You Facing A Probation Violation Warrant?

If you are facing a probation violation, fill out the form on this page.

Our criminal defense attorneys have the experience you need to defend your rights.

This way, you don’t:

  • get wrongfully convicted of probation violations
  • spend years or decades in jail needlessly
  • miss seeing your family or loved ones for years
  • get wrongfully accused of a violation by probation officers

You deserve a fair trial in the criminal justice system.

We can provide you with that.

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Share This Post With Someone Who Needs To See It