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Roger
Roger, Lawyer
Category: Criminal Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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my home, as in my house that i have a mortgage on, is in california.

Customer Question

my home, as in my house that i have a mortgage on, is in california. my job of 10 years is in california. i was supposed to go back to california on a 10 day expidited transfer so that i could return to work. (i'm in colorado). the initial probation officer apparently did not submit the paper work in time and now almost 3 months later i am stuck in colorado on supervised probation. i had to resign from my job in california and my house is sitting as i left it 3 months ago with no one there. what would happen it i left colorado without permission to try to salvage my life in california?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

A bench warrant would be issued for your arrest. These warrants never expire and are only good within the geographical borders of the state.

 

Thus, if you left and never went back to Colorado, nothing would come of it. However, if you ever went back and got pulled over for any reason, you'd be arrested.

 

The best thing to do is complete your probation and go home.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26338
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
So, if i should decide to return to california, and never set foot in the state of colorado, i wouldn't be arrested unless i was pulled over or my record was reviewed in the state of colorado? by the way, i haven't decided to do this. i feel like i'm being held hostage in the state of colorado. my situation is that my husband who moved back to colorado, intitialy with me to follow. i came for a visit, we got into an argument over finances. he called 911 (to me a smart aleck), not knowing that in the state of colorado if you call 911 for a domestic insident that the police officers have to arrest one or both parties and take them to jail. the officers came to the house, i said nothing happened while my spouse told them that i tried to hit him, therefore; they arrested me, took me to jail, and charged me with 3rd degree assault/domestic violence. i am now on 2 years of monitored probation and have to take 36 weeks of domestic violence classes. i did not touch my spouse (i'm a female by the way). my spouse is 6'3" and construction worker for 30 years, and martial arts instructor. he told the officers that i hit him and that he put me in a "wrist lock" which was actually was him slamming me onto a hard wood floor. Never the less, i told the officers nothing happened and he threw me to the wolves to protect himself. this is my situation, any advise? keep in mind that i have to live with him as long as i'm in colorado, i don't know anyone else in this state or region on the country. i am now on probation, and have to walk on eggshells because all it would take would be a phone call from him to authorities to have me arrested again and sent to jail. i have no prior criminal record.
Expert:  Roger replied 5 years ago.

First of all, I would urge you to just wait out your probation and then go back to California.

 

If a bench warrant is issued for your failure to appear for probation appointments, it is only good within the geographical borders of the state.

 

There are other types of warrants out there for felons - but I'm assuming this was a misdemeanor crime. Thus, it is not likely that other law enforcement from other states will have an enforceable warrant against you. If your assault was a felony, then you could have a warrant that crosses state lines.

Customer: replied 5 years ago.

this charge is a misdemeanor. i know this for sure. i have the paperwork in front of me as week speak. i am not currently planning to leave, just in despiration for a solution. the arrest was on july 30th of this year. i don't have a license to practice in this state. i am now to the point of asking my spouse for money for food and gas. i have missed my first house payment ever. this situation has devasted me. i am looking for waitress jobs just for gas money to look for jobs. i am not planning on leaving, just looking for information in the event of a crisis. any advise on california? i am a legal resident of california, and my license to practice is in california.

Expert:  Roger replied 5 years ago.

My suggestion is to speak with your probation officer about transferring your probation to an officer in California and have them monitor you for the remaining term so you can get back to your life.

 

This is possible, although it does not happen very often - mainly because people usually get in legal trouble in the state of their residence.

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