View Full Version : Violation of probation
jwalker1
Jul 23, 2009, 01:15 AM
My friend was arrested for a Class E felony, for an accident that caused someone's death. They were on felony probation and their probation officer was a bit of a hard case. They were out of town working and missed probation, unfortunately unable to call. They heard they were going to be violated and fearing for their life, fled the state. They are now running scared and I was wondering what could possibly happen? They want to return, but do not want to serve jail time. They are willing to do whatever it takes to get their life back but not at the risk of going to jail over an accident, and a misunderstanding. What would an attorney recommend?
Also, they have been told there is a warrant out for their arrest, but have been stop and questioned by police several times without any problems. Could there actually be a warrant in that state? Or is it not severe enough to go nationwide?
They have no prior record except juvenile record, which is sealed. The felony charge was also sealed.
tickle
Jul 23, 2009, 02:26 AM
They committed a crime that causes someone's death, violated probation (out of town and couldn't call!? ), and then started running. There is so much wrong here. Yes, they can come back, take what's coming to them because now they have compounded what they already have done by running away.
Tick
twinkiedooter
Jul 23, 2009, 09:46 AM
My friend was arrested for a Class E felony, for an accident that caused someones death. They were on felony probation and their probation officer was a bit of a hard case. They were out of town working and missed probation, unfortunately unable to call. They heard they were going to be violated and fearing for their life, fled the state. They are now running scared and I was wondering what could possibly happen? They want to return, but do not want to serve jail time. They are willing to do whatever it takes to get their life back but not at the risk of going to jail over an accident, and a misunderstanding. What would an attorney recommend?
Also, they have been told there is a warrant out for their arrest, but have been stop and questioned by police several times without any problems. Could there actually be a warrant in that state? Or is it not severe enough to go nationwide?
They have no prior record except juvenile record, which is sealed. The felony charge was also sealed.
They may end up doing their probation time in jail. And the PO was not being a "hard case". A person is dead and the probationer has skipped out of his imposed sentence of probation. He obviously is not taking the situation seriously enough. What can they do to avoid jail? If somehow the probationer gets back in front of his original sentencing Judge, I am sure that the Judge will not just give him a slap on the wrist like he got last time but order him to serve jail/prison time. He was given another chance with probation but he chose to throw it away with both hands.
As far as the warrant is concerned for VOP - it never goes away. You say he's been stopped several times but not arrested for it? Sounds like the cops were not doing their job as the warrant would definitely be in the NCIC nationwide. The next time he's stopped he may not get a break period either by the cops or the Judge.