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Absconding from Probation

A common probation violation is known as "absconding."  Basically that means that the probation fails to report for a period of time, changes their address without permission, or is otherwise unreachable by the probation officer for a period of time.

Absconding is considered a technical violation.

People may abscond for several reasons.  One reason is that the conditions of probation are not clear to the probationer.  They may believe that they are free to leave the county or state, or that they are not required to report monthly.

All probation, unless it is non-reporting probation, is reporting probation.  That means that you must actively report to a probation office.  If the court agrees or you are otherwise instructed, you may be able to report by mail if you live out of the area.

Probation is serious business.  Violations can land you in jail or even prison.  Make sure that conditions of probation are made absolutely clear to you.  If you are unsure of any of your conditions or reporting requirements, make sure you speak to your probation officer.  If your probation officer is not helpful or particularly kind to you (some can be great, some can be not-so-great), ask your criminal defense attorney to seek clarification of your conditions.

You can only be violated if you are informed of your conditions.  You cannot legally be violated for violating a non-existent condition or one that you have not been informed of.

If you or a loved one are facing a probation violation, felony or misdemeanor, in Miami-Dade or Broward, call me today.




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