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I went to south america wile I was on felony probation and I came with no permition from the judge I was 6 months preagnat hade the baby stayd for almost a year now I am going back and I am worried I will get jail time or prison.. I don't have past records and I got a year probation and I did 6 months before I came with no problem I don't now wath to do please help I have 3 kids and I don't feel like living them to go to jail or prison.. answer please
It does not matter how many months you did on probation prior to leaving. The fact that you left without written permission resulted in a warrant being issued for your arrest. This type of warrant never expires. Should you come back to this country and your name is run in any NCIC computer you will be arrested on the spot and held in jail while the state where you had the warrant issued is contacted and decides to come and get you. Even if for whatever reason that state does not come for you then you would be released. At any time in the future should you go to the DMV to get a driver's license or state ID your name would be run and the entire arrest and detention would start all over again.Quote:
Originally Posted by cochinita
Should you do come back you would have to attend a VOP hearing at which time your judge would re-read his original sentencing peramaters and probably give you the jail sentence you where given with the probation in lieu of that jail sentence. If you really want to know what your punishment COULD be you need to re-read your final sentencing paperwork as it's all in there in black and white for you to read as well as the Judge when you are before him again.
It's your choice what you do. But if you do decide to come back to the USA I would strongly suggest you retain a good criminal attorney prior to coming back so you can at least get an idea what the judge has in mind for you at your POV hearing and decide accordingly.
Most likely you will merely be stopped and arrested when you try to enter into the US. But it is very very likely that when you ran off, they issued a warrant for your arrest for violation of probation.
It will be up to the judge as to what happens to you. You can get up to the year ( your probation sentence) in jail, or a combination of many things
Well I just found out I came here with permition so , I just didn't come back for this year but I came preagneat.. so I have papers from the doctor saying I hade a high resk preagnacy so I couldn't go back I hade to hade rest... and then I have another paper saying that in this 3rd world country is no free formula so I hade to stay breast feeding the baby.. I thought of showing those papers and saying to the judge well I am back to take care of this.. wath do you gays think now... I did came with permition.. and the pepers I have are notorized by the usa embassy here in south america also they are translated.. to english.. thanks..
Your papers will have no meaning or bearing, first you left the country, ( that is not allowed) and you could have of course came back to the US, and so you were breast feeding, come back and breast feed in the US.
I doubt if those letters would even be allowed into evidence or accepted by the court.
And also I forgot the issue the warrant because I didn't come back not because I came without permition so I feel better but I don't now mutch about this so please help I have the papers from the doctor saying I hade to hade bed rest and I couldn't fly back and I hade to breast feed you now I wasn't going to live my baby starving
Well if I hade a warrant I was going to be arrested at the aeroport so I was going to jail and I couldn't breast feed you now... I didn't have nobody in the usa to take the baby..
Your question was answered - please stop opening new threads. The "new" information doesn't change anything.
Well I think you just don't have an answer.. dont be mad at me
Your question covers both criminal law and immigration law. The way you provided info about your case is not good enough. You need to give date and details of everything. At this point I would recommend you consult with experienced attorney in US. Many provide services via email or phone call.
If you are arrested, the state will take care of your children.
Yeah they wood take care of them and give them back to me to years latter or somenthing.. and I did talk to an attorney in Florida were I have my charges and he said just bring the papers.. I am a usa citizent so I'm OK there.. I am worried because I came with permittion but didn't come back affter the month they geive me, so now I'm coming back with papers from thew doctor saying I hade I bad preagnacy so I am worried if they will accept them or I am going to be in jail .I don't now wath to think.. but thanks
Quote:
Originally Posted by cochinita
Are you actually reading the answers - you keep coming back with the same questions.
No one is mad at you - but I am getting frustrated. You've received EXCELLENT legal advice. Take it.
You have a warrant for your arrest. The have a baby and nursing stuff does not change that in any way. You WILL be arrested upon reentry into the USA.
No one cares about the baby stuff - even the original Judge. The fact you DID NOT return when you were supposed to is what really matters.
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