Probation Violation leaving the state

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Latest post 04-23-2010 3:25 PM by joyfulnoise. 3 replies.
  • 04-23-2010 12:34 PM

    Probation Violation leaving the state

    California and Michigan

    I was convicted of 3 felonies, Grand Theft, and two (2) Burglary 2nd degree charges in CA. I was given 60 days in jail (I was required to serve 30 days).  Upon release I was given 3 years probation and ordered to pay restitution. I elected not do the probation or restitution and fled the state of CA back to my home in MI. If I am stopped for a traffic violation here or apply for a job that does a background check, what am I facing as far as legal ramifications and getting a job? Will CA issue a warrant for my arrest?  How much trouble am I now in? What am I facing for my future?  Also can the people I am living with get in trouble for letting me live with them knowing I am violating my probation by skipping out of it?

  • 04-23-2010 1:02 PM In reply to

    • Kivi
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,170

    Re: Probation Violation leaving the state

    My guess is that there already is a warrant out there.

    Most warrants are served passively.  If you get stopped for running a stop sign or a vehicle code violation, the officer will likely find the warrant and haul you off to jail.

    However, the state that issued the warrant has to send someone to come get you.  If CA does not inform MI that it intends to get you, MI would not be able to hold you in jail very long on the warrant.  Still, it could be a very inconvenient two or three days.  Of course, it is alway possible the CA will send someone to get you.  There's no way to determine this one in advance of it happening.

    The convictions and failure to complete your probation probably will turn up on a background check.  It probably will be a "deal breaker" in terms of getting a decent job.  However, most entities running these background checks probably are not going to report you to the authorities as info is sometimes erroneous or out of date.  They will cover themselves with a prospective employer by suggesting it do some further investigation to verify the accuracy of the negative info.  What actually will happen is that you won't get the job.

    If you want to spend the rest of your life wondering when this thing is going to bite you in the rear end, then you do as you are doing now.  If you want a future of very low level jobs, continue to do what you are doing now.  Murphy's law dictates that the warrant will get served on you at the worst possible moment for you, such as when you are on your way to church to get married, etc. 

    Will the people you are iving with get in trouble?  Technically, they are harboring a fugitive from justice, which is a crime in most, if not all states.  It would be up to the local DA to file the charges.  There's no way to know whether he or she would do so. 

    I recommend that you contact a criminal defense attorney in CA and see if there is a way that you can take care of this matter.  It probably would help if you can now pay in full the restitution.



  • 04-23-2010 1:13 PM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,591

    Re: Probation Violation leaving the state

    It is not uncommon that somebody in good standing could have probation changed to another state for administration.

    But I would think the folks to who restitution is owed would be looking for you to pay full restitition interest and all costs--woldn't you?

  • 04-23-2010 3:25 PM In reply to

    Re: Probation Violation leaving the state

    They would not give me permission to relocate and I could not find a job to pay back the restiution or pay my probation costs; I didn't have much choice.  I can come back to MI and work for cash. 

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