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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21446
Experience:  Handle criminal matters in both state and federal courts.
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My father was arrested in November 2007 for writing worthless

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My father was arrested in November 2007 for writing worthless checks, I believe the charges were 1 count of forgery and a couple counts of uttering and publishing for each check. This was his first criminal offense. He was sentenced to 45 days in jail and ordered to pay the approximately $20,000 worth of bad checks back to the bank as well as 3 years probation, which I believe expires Feb. 2011. Anyways, he was issued a violation of probation for failing to keep up with the $20,000 worth of restitution payments and subsequently left the state to prevent getting arrested (if he had been arrested it appears the probation officer was looking to put him in jail for 47 days and then continue probation/payments)...he left the state (Michigan) April of 2009. Police have contacted me now (late July 2010) for the first time looking for his whereabouts, but I told them that he has left the state. Basically my question is what type of punishment is he likely to receive in some of the following scenarios and if the plausibility of these scenarios.

A. he returns to Michigan and turns himself in without paying any or all of the restitution owed

B. he returns to Michigan and pays off entire restitution of a significant amount of the $20,000

C. would michigan police attempt to look for him in other states, or is it more likely that a warrant would just stay out for him in Michigan (and possibly other states, but you can attach that to my question below)

I believe he is in California at the moment, so another question I have is would he be arrested at a traffic stop or at the DMV and returned to Michigan for a felony of that type (bad checks basically)

I understand you likely cant answer these questions with full certainty, but I'm looking to hear your most educated guess. I am looking for a detailed answer so please do not answer my question if you aren't committed to researching the question properly.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

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.

 

 

Customer: replied 3 years ago.
Ok a couple questions..from what he told me, his Michigan license expires in one month. To make this short, I'll put it like this. Will he be arrested if he attempts to get a ID or license at the California DMV because of the violation of probation warrant in Michigan?

On a side note, since he has absconded for approximately 16 months now...would it probably be better to come up with the entire $20,000 as opposed to turning himself in? I am trying to come up with the best form of advice.



Expert:  Samuel II replied 3 years ago.

Hi

 

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.

 

 

 

Customer: replied 3 years ago.
ok i am satisfied with this answer however i have one more follow-up question.

I just want to confirm you are SURE that it will be ok for him to get a new license in California, because if not then I want to strongly advise him to come to Michigan and turn himself in so he wouldn't have to go through possible extradition and all that. Thanks
Expert:  Samuel II replied 3 years ago.

Hi

 

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

 

 

 

 

Expert:  Samuel II replied 3 years ago.

Hi

 

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.

Customer: replied 3 years ago.
so he should call local california authorities and ask if the warrant says to extradite?
Expert:  Samuel II replied 3 years ago.

Hi


He can do that, or you can call someone in you area. It is in a national database.

Customer: replied 3 years ago.
ok last question, is there any legitimate website to use to look up active arrest warrants
Expert:  Samuel II replied 3 years ago.

Hi

 

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.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21446
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you

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