Can a terminated probation be reinstated?

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Can a terminated probation be reinstated?

I received a PBJ on a DWI. I filed a motion to modify the unsupervised probation and it was terminated. This whole mess is over parking with a neighbor. They called the police on me again the other night and accused me of being drunk; no tickets, etc were issued, no police report was made. If they write the judge, is there a chance he will reinstate the probation?

Asked on August 30, 2010 under Criminal Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

If your probation was terminated and so you are worried it will be reinstated, that is really not how probation works.  If the issue you have with a neighbor has to do with parking and you were not given a citation, then consider what the root cause is with the neighbor.  If you don't have a right to park somewhere, don't.  If you have a right to park somewhere, get the city zoning or parking bureau involved and help sort this out. Many cities offer some sort of free mediation/neigbhor dispute programs through the city or town prosecutor's office. Try these remedies first and then consider speaking with the public defender or criminal defense attorney in your case and see if the issues you have now will in any way impact your record, your release, and plea bargains.


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