Hamilton, AL asked in Criminal Law for Alabama

Q: In the case of someone being on probation: If they go to jail for a new charge and the probation officer violates them.

The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that violation and they claimed all kinds of violations on his revocation paperwork that had wrong information & dates. The former probation officer eluded to the same conclusion we had come to: They had lost his case file and he'd slipped through the cracks. His court appointed attorney checked out the info I had given him : lost file, wrong dates & info, talked to former officer & came to the same conclusion. So they went before the judge of said court & the DA & his lawyer approached the judge (new judge in that court) with a motion to discharge him from probation. And the judge said he'd not been on to probation long enough discharge him & cont'd him. Isn't that considered double jeopardy?

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1 Lawyer Answer
Travis T Juneau
Travis T Juneau
  • Criminal Law Lawyer
  • Tuscaloosa, AL
  • Licensed in Alabama

A: Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.

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