Legal Question in Criminal Law in California
informal probation completed: how do you know?
My husband was on informal probation for a DUI, his 3 years were up last week, he had complied with everything, except registering as a drug offender in the city he lived in, as he had changed residences several times and then just forgot to do it. Is this considered a violation of probation? How can he find out if he is off probation,and should he still register retroactively???
1 Answer from Attorneys
Re: informal probation completed: how do you know?
Thank you for your posting regarding your husband's case.
Technically, yes, the failure to register, so long as it was a condition of his probation at the time of his plea, or added by a judge after plea, would be considered a violation of probation.
Information probation is considered "successful" if your husband completed all terms of probation during the time period he was on probation. I might suggest that you use an attorney to check, or check yourself, the court's records on his case, and see if at any point in the past, a failure to register note was entered, or anything similar, such as a probation violation notice. If you've moved, you may not have received timely notice if anything was mailed out, meaning that there might be a warrant out for his arrest.
Thanks again, and if you have further questions, or would like an attorney to assist, please feel free to email me directly at [email protected].
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