Idaho DUI probation violation, warrant issued in 2009 -ques?

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Latest post Fri, Jan 14 2011 4:12 PM by CindyMc. 9 replies.
  • Thu, Jan 13 2011 6:18 PM

    • CindyMc
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    Idaho DUI probation violation, warrant issued in 2009 -ques?

    Before I met him, my boyfriend was sentenced for misdemeanor DUI in Idaho in Aug 2008.  I don't know all the details (haven't seen the original paperwork yet), but he spent 40 days in jail and told me that 10 months were suspended as long as he completed the terms of his probation.  Probation was for 1 year, alcohol classes and random pee tests.  He completed 8 months of probation then stopped doing his classes and stopped seeing his PO.  A warrant for probation violation was issued in June, 2009.  He's done nothing since and thinks he can wait it out and his charges will expire.  If I understand correctly, warrants don't expire, but does the original sentence expire?

    I found this in Idaho Code:

    "19-2603.PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PAROLE. When the defendant is brought before the court in such case, it may, if judgment has been withheld, pronounce any judgment which it could originally have pronounced, or, if judgment was originally pronounced but suspended, the original judgment shall be in full force and effect and may be executed according to law, and the time such person shall have been at large under such suspended sentence shall not be counted as a part of the term of his sentence, but the time of the defendant’s sentence shall count from the date of service of such bench warrant."

    The last line made me wonder if the remainder of his unserved sentence (10 months) would run from the time the warrant was issued in June 2009, and therefore have run out, or am I completely misreading that?  If he turned himself in now, having violated his probation, could they make him serve the rest of his sentence this long after the fact?

  • Thu, Jan 13 2011 6:37 PM In reply to

    Re: Idaho DUI probation violation, warrant issued in 2009 -ques?

    "The last line made me wonder if the remainder of his unserved sentence (10 months) would run from the time the warrant was issued in June 2009, and therefore have run out, or am I completely misreading that?"

    I think you are misinterpreting that.  I read it as:  if the defendant takes off before being sentenced then once the court gets them back they can pronounce any sentence they would have if he/she hadn't absconded before sentencing; and in the case of a defendant who violates the terms of parole is subject to the entire sentence including any time that was suspended in the original sentence and any time that the defendant's whereabouts are unknown does NOT count towards the sentence time.

    So no, he cannot wait this out and it expires.  You are also correct that warrants do not expire.  They also tend to bite the wanted individual in the behind at the worst possible time; in other words they aren't always served when "convenient" for the defendant.  

    "If he turned himself in now, having violated his probation, could they make him serve the rest of his sentence this long after the fact?"

    Yes.  He should consult the lawyer that represented him in the original case.  The attorney may be able to negotiate a surrender and return to probation rather than serving jail time.  However, warrants are not like fine wine:  they do not improve a judge's mood with aging.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Jan 13 2011 7:59 PM In reply to

    • LynnM
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    Re: Idaho DUI probation violation, warrant issued in 2009 -q...

    What won't expire is the probation violation. Someday he'll get stopped for speeding, they'll run his name and he'll be on his way to jail. And may well have to serve the remainder of the original sentence, not the remainder of the probation.

  • Fri, Jan 14 2011 11:07 AM In reply to

    • CindyMc
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    Re: Idaho DUI probation violation, warrant issued in 2009 -q...

    Thank you for the responses, this is what I wanted to know.  He's going to talk to a lawyer and see what can be done, because neither of us like living with this warrant hanging over his head and he wants to get it taken care of.  We've always known that the maximum that could happen is that he would have to serve the rest of his sentence in jail (10 months), but of course we were hoping to find a loophole to reduce or eliminate that.  Maybe they'll let him go back on probation, we'll see.

  • Fri, Jan 14 2011 12:01 PM In reply to

    Re: Idaho DUI probation violation, warrant issued in 2009 -ques?

    CindyMc:
    ...but the time of the defendant’s sentence shall count from the date of service of such bench warrant."

    The last line made me wonder if the remainder of his unserved sentence (10 months) would run from the time the warrant was issued in June 2009, and therefore have run out, or am I completely misreading that?

    The key here is that it says from SERVICE of the warrant; i.e. from the date the cops pick up him up on the warrant and put him back in jail. Thus, the days he sits in jail from arrest to when he gets back before the judge would count toward the sentence imposed. But none of the time he spends out "at large" will count, whether before or after the warrant was issued. If it did, it would simply encourage probationers to skip and hide out long enough for the time to run out, and of course the idea here is just the opposite: we want to encourage them to meet the terms of the probation and not to skip out.

  • Fri, Jan 14 2011 12:31 PM In reply to

    • CindyMc
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    Re: Idaho DUI probation violation, warrant issued in 2009 -q...

    I wondered what that meant, but that makes sense about "service" now - thank you! 

  • Fri, Jan 14 2011 1:06 PM In reply to

    • LynnM
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    Re: Idaho DUI probation violation, warrant issued in 2009 -q...

    Why on earth would they put him back on probation? He has already demonstrated he has no respect for that process.

  • Fri, Jan 14 2011 1:47 PM In reply to

    • CindyMc
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    Re: Idaho DUI probation violation, warrant issued in 2009 -q...

    I think being a productive member of society through probation is preferrable to sitting in jail costing the taxpayers money for a misdemeanor charge, but of course I'm not the judge.  I realize it's a longshot, and he's fully aware that he disrespected the court by violating his parole, but it is certainly worth pursuing with an attorney who may be able to plead his case with a sympathetic judge. 

  • Fri, Jan 14 2011 3:16 PM In reply to

    • Ford
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    Re: Idaho DUI probation violation, warrant issued in 2009 -ques?

    You can look most things up at:  https://www.idcourts.us/repository/start.do

    A PV warrant on a misdemeanor would USUALLY have a bail amount.  If so, he can post bail and be out pending his court dates.  If it does not, he would have to be arraigned before a judge, who might set a bail amount.

    A PV has to be filed during the probation.  Once filed, the probation time is tolled so it doesn't expire.  His theory is wrong.

    If he completed 8 months of probation, at disposition of the PV they can reorder that 4 months that aren't done.  Potentially, the judge could also order an additional year since you can get two years probation on a midemeanor.  If he doesn't want that, he can accept his legal sentence and sit in jail.

    I'd be asking him why he did 40 days in jail...  In my location the standard offer on regular DUI is 5 days.  Higher blow is 10 days.  Second DUI or excessive DUI is often 20 days.  40 days is a lot of time on a regular DUI unless he got arrested and couldn't bail out.

    He can write the court asking for a voluntary appearance.  If one of the allegations is absconding from probation, I would expect the judge to deny that request.

  • Fri, Jan 14 2011 4:12 PM In reply to

    • CindyMc
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    Re: Idaho DUI probation violation, warrant issued in 2009 -q...

    Thank you Ford, that information is helpful.  There is a bail amount ($5k) on his warrant.  This was his third DUI, which should have been a felony but his attorney was able to get it reduced to a misdemeanor - I'm assuming that is why he did 40 days, maybe that's the deal they struck with the judge?  I'll ask him about that - it wasn't a bail issue, he went to jail after he was sentenced. 

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