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If someone calles my probation officer and tell her that i violated my
probation and she has no evidence that i did but just the phone call
she got from someone can she has me arrested?
Asked on October 23, 2016 under Criminal Law, Texas
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The answer is technically "no"-- but, "yes" it routinely happens that way.
Before a warrant is ever issued for a violation of a probation condition, a probation office has at least a minimal duty to investigate the details of a phone call to insure that they are representing true facts to the judge before the judge signs the warrant.
However, because of budget cuts, many probation departments don't have the staffing in place to conduct this type of review. If they are concerned that you have violated, some will file simply on the report of a phone that you have violated. Your legal recourse it to demand a hearing so that you can defend yourself from the false accusations.