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If there is a violation of probation there is a warrant for his arrest. If he is stopped for any reason in any other state - say a traffic stop in CA - he will be arrested on the warrant from Michigan. It will be up to Michigan to decide to extradite or not. If they do then he will be returned to Michigan and will need to appear in a VOP hearing. At that time, if he owes restitution and it cannot be paid, it will be sent to a state central collection agency and they will hound him until it is paid adding on about 18% interest
If he left the state before the probation was successfully completed, then he has "absconded". Now, even though he is a non-violent felon he still could be faced with doing time inside for this type of violation. Therefore, a court can terminate the probation and place him in jail for the amount of time that he was not in compliance with the terms of his probation or they could place him in jail for the entire amount of time on the suspended sentence
There would not be an "active" search for him but the warrant is in a national database and will remain active until it is served or otherwise recalled.
If you have more questions or follow up, please post here, so I may continue to assist you.
He would not be "arrested" if he goes to the DMV, as the warrant is not in that database.
Since he has absconded, if he can come up with a portion of the restitution that may help. Now, if his probation is entirely expired then it is possible if he pays all the restitution that you could find an attorney in Michigan to help with paying it off and then requesting the warrant be quashed. But that is only if his probation date has reached its expiration. Since his expiration is not until Feb 2011, then it may not be possible to have it recalled even if he pays the restitution. You see, they may want him to return to Michigan. This is something a local attorney would be able to establish and possible negotiate for him with the Michigan Department of Probation. It all depends on how much they have it in for him if they want to cut him the break with full restitution being made
If he has employment and a home plan in CA and has not gotten in any other trouble while unsupervised, it is possible a local attorney could see if the probation can be transferred to CA. Again, it depends on Michigan.
I don't know what I was thinking. It is my error and I apologize. Yes, it is possible he could be arrested. That outstanding warrant is in the database. And, they could detain him and then have him arrested. I am very sorry that I typed No arrest and Not in database. I sincerely XXXXX XXXXX and yes. My mind was saying one thing and fingers typed another.
And they could detain him on the premise they are getting his documentation together. And if the warrant does not clearly say "will not extradite" he would be arrested. If the warrant is tagged "Do not or will not extradite" then he would not be arrested but would be told there is an outstanding warrant.
Again, my apologies and I am glad you reiterated the question so I could correct it
The other thing is, you can contact the Sheriff or other local law enforcement and they will tell you if the warrant says to extradite or not.
He can do that, or you can call someone in you area. It is in a national database.
Not that I am aware of. Sometimes, if you go the state police website or a sheriff's website for the county they might have something listed as to Fugitives or Outstanding warrants.
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