[jaws88]

I successfully transferred out of State on probation, but am now in violation of my probation for missing a meeting, failing to inform my PO that I have moved (I'm now homeless), and for not attending my required counseling classes. A bench warrant was issued.

I have two questions.

1. As far as I understand, the most the court can give me (punishment wise) is send me back to jail for the remainder of my sentence from the original conviction. Is that correct? Does that specifically mean that they cannot tack on additional probation time AFTER my release if I were to finish my sentence?

I'm done with probation and would prefer to finish my time off in jail. My goal would be to exclude myself from probation for good. Is that possible? Can I specifically ask for this and are my chances good as to having it accepted by the judge?

2. Am I correct that when I turn myself in, I'll first go through a hearing here in the State I've transferred to, but will be transferred back to the original State in order to do my time? Would their be additional time spent in jail in the State I've transferred to excluding holding time (waiting for the hearing and waiting for transfer)?

[twinkiedooter]

When you are in front of the Judge at your VOP hearing you can request that you be sent to jail in lieu of doing any more probation. Lots of people would rather sit in jail than be on probation as they say being on probation is "too hard" for them to do as they are drug users and can't help themselves and stop using drugs. And yes, the Judge hears this kind of request all the time so you're not asking for anything outlandish here. If you feel you'd like to do the jail time maybe the Judge can cut you some sort of a break and not give you as much time this time in jail.

[jaws88]

Thank you, though I'm not a drug user so that wouldn't be the problem.

That answers the first question, but what about the second? I'm NY but I was convicted in PA. I assume my hearing would be in NY, correct? And the judge here will decide? Then I'll be transferred back to PA to serve my time? Does the PA court system have anything to do with what happens?

Thanks again.

[Fr_Chuck]

No, it will be up to the original court.

The recommendations off the PO may be taken into consideration.

The entire time of the original probation would be the sentence, not the remainder. So if you had 4 years of probation at the time of court, that would be the prison time.

[jaws88]

So the hearing here will just be to determine if there's enough proof of my violation? Then I get sent back to PA to face the charges in the original court.

My jail sentence was suspended (though I did serve time), so by remainder, I meant the remainder of the sentence before the suspension. That makes sense, though. Thank you.

One last question. I'm sure that by failing to turn myself in and cutting off communication with my PO, that I'm continuing to violate my probation. However, can failing to turn myself in for a bench warrant be considered a substantive violation?

Thank you for the response.