Stuttgart, AR asked in Criminal Law and Civil Rights for Arkansas

Q: I am on probation in Arkansas , signed for four years back in 2020 . I absconded after about 9 months . I did a 90 day

P.V. this year just got out not even 2 months ago. I missed my 2nd office visit due to weather they were closed. However I never made another appointment. To follow up. I got a job back in another county and was trying to transfer. My boss contacted an faxed paperwork to my p.o. it's only been a week and she has hit me with absconded again. Is this legal?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Arkansas, probation officers have the authority to report a probation violation if they believe a probationer has not complied with the terms of their probation. This can include failing to report for scheduled appointments, even if there were extenuating circumstances like bad weather. It's crucial to communicate promptly and clearly with your probation officer about any missed appointments and to reschedule them as soon as possible.

If you have been marked as absconded, it means your probation officer believes you have made yourself unavailable for supervision, which is a serious matter. However, if you have evidence, like the paperwork faxed by your boss, that you were attempting to comply with your probation requirements and transfer your supervision, this might be helpful in your defense.

You should contact your probation officer immediately to discuss the situation and clarify any misunderstandings. If you feel the decision to mark you as absconded was unjust, you may need legal representation to help you navigate the situation.

Remember, maintaining open and consistent communication with your probation officer is key to successfully completing your probation. If you face challenges in complying with your probation terms, it's important to address them proactively and seek legal advice if necessary.

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Arkansas, probation is a legal arrangement where compliance with specific terms and conditions is mandatory. If you absconded from probation initially and then missed a follow-up appointment after a 90-day parole violation (PV) sentence, your probation officer (PO) labeling this as absconding can be considered legal.

Probation conditions typically require regular check-ins, and failing to reschedule a missed appointment due to weather or moving to another county without formal transfer approval could be seen as non-compliance. Communicating proactively with your PO is crucial, especially in weather-related closures or job-related relocations. While your boss faxing paperwork is a positive step, it doesn't substitute for official procedures needed for a probation transfer.

Your best course of action now is to contact your probation officer immediately to explain the situation and seek guidance on rectifying it. Adherence to all probation terms is crucial to avoid further legal complications.

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