Q: I appeared in court on a probation violation hearing, status update scheduled for 8/23, however discharge sentence 8/7
I appeared in front of the judge today on a probation complaint hearing in which the judge moved forward with a status update hearing scheduled for August 23rd. However, My sentence will discharge on August 7th. So not sure what this means. I was not notified today that I will not be discharging on the 7th. Which I believe that a sentence modification or something along those lines must be filled with the court, while notifying defendant that his discharge date has been changed in order for that to happen. I don’t have to appear on the 23rd since discharge on the 7th? I have been provided with no documentation or information stating any change for August 7th.
A: You should show up to court on August 23, 2021. Since any violation of probation is claimed to have happened prior to your discharge date, you continue to be on probation. You are entitled to be advised regarding how you violated probation. You are presumed innocent and sometimes a modification can be made to avoid a violation of probation--it may require extending probation so you can come into compliance. You may wish to seek counsel to advise you.
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