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Can a probation officer lift a warrant?
In this article, you’ll learn about:
Let’s dig in.
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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:
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:
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.
Read More: How Long Does A Probation Officer Have To Violate You?
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:
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.
To clear a probation violation warrant, you’ll have to either:
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.
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.
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.
Here are ways that you can get a violation of probation warrant against you:
Some tips to avoid the violation of a probation warrant are:
When you violate your probation, your probation officer is the one filing the violation.
Your probation officer will not try to lift your warrant.
Your probation officer will present your probation violation to the judge.
The judge will issue a probation violation warrant.
Law enforcement will either:
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:
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.
If you violate probation, you’ll likely get:
A probation violation can occur in one of three ways:
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.
Probation violations are:
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:
They are not giving you felony or misdemeanor charges for probation violations.
A warrant is a court order from a judge authorizing police officers to arrest someone.
There are three types of warrants:
Here are some other questions we get about probation officers lifting warrants.
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.
Felony probation violation jail time is equal to the jail time you’d have for that felony.
Let’s say that you:
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.
If you get a warrant while on probation, either:
If you get a warrant on probation, you can:
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:
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:
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).
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.
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:
You deserve a fair trial in the criminal justice system.
We can provide you with that.
Talk soon.
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