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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1343
Experience:  Experienced Criminal Trial Attorney since 1998.
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hello and thank you in advance for answering my question, after

Resolved Question:

hello and thank you in advance for answering my question,

after a year a a half of my federal supervised release i ask my PO to allow me to travel outside the country for a month to visit my ill father, a permission was granted and i traveled outside the U.S.
two week into my visit i got an email from my employer the that i was fired, knowing that with me having a criminal record it will be very difficult to get a job, i decided to stay here and i did,
seven years later i got married had three children, got my four years degree in business administration and recently i got a really good job.
i found out that i have a warrant for my arrest because my po filed a petition to revoke my supervised release due to.

1. not contacting him,
2. not paying on my restitution,
3, not been truthful mo my earned income.

i want to come back to the state and take care of this, i am willing to pay the $9000 restitution,
my question is how can i have the warrant recalled prior to me coming to the states, i don't want to be arrested at the point of entry, if i came to new york from europe i will arrested there, so you can imagine the trouble i am going to have to be extradited to california,

and what am i looking at when face the judge?

thank you very much
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 11 months ago.
Welcome to JustAnswer.

Although having the restitution amount to pay upfront will help, your situation is quite a bit more complicated than just paying money. You absconded from supervised release.

The best thing you can do is to hire an attorney in the area where your court case was in California. Prior to your return he can start negotiating with the local U.S. Attorney's terms for your surrender and what the consequences may be. It is impossible to predict the exact outcome. It will depend heavily on the judge and what your attorney can negotiate with the U.S. Attorney. It could involve incarceration but hopefully not.

Customer: replied 11 months ago.

thank you,


i understand the situation, and i want to know is when i go in front of the judge what am i looking at for the technical violation (in term of time),


 


also is it possible to recall the warrant so i can come back to face the judge?


 


thanks

Customer: replied 11 months ago.

Relist: Incomplete answer. i know the situation, my questions was very clear, can it be done or is it possible to recall the warrant and what am i lookin at time wise,for my violations. these particular question were not answers,

 

thats what i want to know

thanks

Customer: replied 11 months ago.
Relist: Incomplete answer.
you asked me to ask you what i want,, i did ,,
please look at my last inputm
thanks
Expert:  Legal-Guru replied 11 months ago.
Mike,

I am not on this website 24 hours a day seven days a week. You ask a follow up question ten days later and then rate my answer as "poor" and relisted your question because I didn't respond within 3 minutes and 58 seconds?
Customer: replied 11 months ago.

hello and i am sorry,, i know you are not there all the times, when i send the question the same site asked me to resend it and thats what i did, didnot mean to send 2 question in less than 3 mints,,


 


even though my initial question was answered but not complete, but i asked for clarification, and it was not given, please look at my second email to you and you asking for clarification,,please answer my 2nd question


 


mike

Expert:  Legal-Guru replied 11 months ago.
No problem, but I would appreciate it if you would change your rating from "poor" to "ok" or higher. We get evaluated depending upon customer ratings.

How long was the term of your supervised release and what was the crime for which you were sentenced?
Customer: replied 11 months ago.

It was 3 years supervised release, the original offence was counterfeiting ..

Expert:  Legal-Guru replied 11 months ago.
(1) Absconding from supervised release is a Grade C violation. Upon finding a Grade C violation the court may revoke supervised release, extend it, and/or modify the terms of supervised release. If revoked, the guidelines suggest a period of revocation from 3 to 14 months depending upon your criminal history category. Those guidelines are advisory meaning the judge is not bound by them but they are usually followed. The maximum period of revocation in your case is 3 years.

(2) A judge is not going to recall a warrant for someone who absconded from supervised release. Until you surrender yourself on the warrant you are a fugitive from justice. My previous suggestion that you hire an attorney in California to negotiate your surrender and payment of the restitution stands.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1343
Experience: Experienced Criminal Trial Attorney since 1998.
Legal-Guru and 10 other Criminal Law Specialists are ready to help you

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