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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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My daughter has a misdemeanor for her 3rd DUI in CA, she ...

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My daughter has a misdemeanor for her 3rd DUI in CA, she pled guilty and the judge commanded her to go into rehab. She fled rehab and went back to her home in AZ. If she comes into CA, say for a visit, can I be arrested for "harboring a fugitive" meaning that she is just visiting me and not living with me? Do I have a duty to report her? We''ve never received any documentation telling us this nor has she in AZ. Thanks!

If your daughter was sentenced, it would mean she most likely was on probation. One of the terms and conditions of her probation, would be to complete a stay in Rehab. Since she left, she will be in violation of her probation and most likely a warrant will be issued for her. If she is found at your home, the chances are low that you would be responsible and held accountable for her actions. Unless you knew the police were searching for her AND aided her in escaping or hiding, most like you will not be in trouble for speaking with your daughter. Moreover, if you were never informed of a search for her, it would be hard to prove you knowingly facilitated her attempt to avoid law enforcement. It is probably best for her to return to Rehab and get help or she will most likely be spending time in jail.

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Customer: replied 8 years ago.
My daughter in law said she contacted a local police department and they told her it was her CIVIC DUTY to report my daughter if she knew she was visiting in CA. She is sticking to her guns. My daughter rarely comes to CA because she knows she is taking a risk. She is doing much better but has a lot of medical problems that if she did go to jail, I wonder if they would be able to accomodate dialysis treatments for her. She has quit drinking. I'm not asking you for an answer, just telling you what the situation is. I want her to write to the judge and discuss her medical problems and see if there's something else she could do. AZ isn't going to put her in Rehab based upon a CA judge.
The duty to call and report your daughter, is more of an ethical question which you need to decide for yourself. As far as her medical condition, the Judge will allow her to get treatment but at some time she is going to have to comply with the court order. If she wants the Judges order to be changed, she really needs to file a motion and speak to the Judge in person, with an attorney present. A Judge is not allowed to have ex parte communication with a defendant, so any mercy the Judge gives her, will need to be decided in open court, with the prosecutor present as well.

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