UPDATED: Jun 11, 2009
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I was recently placed on supervised probation. A few days later I changed my address and was told to contact my Probation Officer and inform him of my new address. A day later, he went to my old address to verify I still lived at the address I previously resided, thus, he issued a warrant for my arrest. Even after contacting him and giving him my information, he is still pursuing to have me arrested. I wanted to know if there is anything I can do legally to resolve the issue with the warrant and if so what is the best thing to do as far as getting a lawyer or legal counsel.
Asked on June 11, 2009 under Criminal Law, North Carolina
Robert Pellinen / Law Offices of Robert Pellinen
Answered 13 years ago | Contributor
Unless there is an express condition in writing that you must have your probation officer's permission to change residences, this is not a probation violation. In any event, this is more like a "technical violation of the rules" rather getting arrested on another charge. It isn't as if you're "absconding" or trying to avoid the probation department. More importantly, any probation condition has to be related to your rehabilitation or serve some probation purpose and it doesn't appear as if this has any relation to your probation. As an example, the probation department cannot put in a condition that you can't leave the county or the state or restrict your freedom of travel unless they can demonstrate a valid reason for the condition.
At bottom, the probation officer can violate you for any reason or for no reason and you have to show the court that you are not in violation, but this takes time to prepare the probation violation report, set a date for a revocation hearing, etc. Meanwhile, you may be in custody and in some states you are not entitled to bail.
You should get a lawyer to explain to the probation officer to withdraw the warrant based on the fact that this is not an offense or violation of probation, for it has little or nothing to do with your probabtion.
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