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DPerezLaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience:  8+ years Legal Experience - Former Prosecutor - Misdemeanors, Felonies and Juvenile
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What happens if someone violates their probation by leaving

Customer Question

What happens if someone violates their probation by leaving the state, and they get pulled over 10 months later for speeding, but have had no discretions inbetween? My boyfriend was recently pulled over for speeding and was actually extradited back to the state he came from. He has been out of trouble for close to 5 years and left because of issues with his father. His father has since passed and he came to live with his mother before this happened. He moved across the state almost a year ago.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  DPerezLaw replied 8 years ago.


Unfortunately, there is not an easy answer to your question, which is why you haven't received a definite answer as to what will happen to him. However, I will try to assist and hopefully make the picture clearer for you. The first question that needs answering is what is the original charge that he was placed on probation for and what is the maximum sentence for that charge. That would give you at least the worse case scenario. Now, as to what he has been doing for the past five years, like getting is life together, improving it, and making something of himself, that is all well and good, but there is a problem. Typically, a judge doesn't really care what a probationer has been doing while in violation status of probation. Its almost like time stops when the person leaves, the term is actually absconds, and does not report to probation. However, there are many parts of this complex puzzle that would suggest what type of sentence he will receive. Here a few to consider:


1) Criminal History

2) Severity of Offense, i.e. Misdemeanor, Felony (In your boyfriend's situation, extradition usually means Felony).

3) Type of Jurisdiction - Conservative, Liberal, Student Friendly, etc.

4) Who is the Judge? What is that Judge's typical sentences?

5) Who is the prosecutor? How hard will they prosecute your boyfriend?

6) Does you boyfriend have a good attorney?


These are some of the considerations and questions that would need to be answered to then possibly answer your question. The best person to answer a question like this is to obtain the services of local counsel where your boyfriend is charged. Ultimately, that person would have the best ball park figure as to what your boyfriend is looking at. The one thing that is certain here is that if after five years they extradited him from one state to the other, then the offense is serious. Also, violations of probation are at the top of the severity charts, especially absconding from probation, because the person is showing that they cannot be trusted out in the community. So, that usually equals jail/prison time depending on the factors I mentioned above.



D. Perez

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Customer: replied 8 years ago.
That is the horrible thing about the situation... what he was in trouble for was Drive or Operate Vehicle w/o Consent, which yes was a felony. He was sentenced 1 year 6 months probation with 6 months jail time with work release. Looking at the case details that I've been able to find that was sentenced on october 20th 2006 which was a while after the offense occurred. He moved out of state in the spring of 2008, so only a few months short of being done with his probation.

His past offenses include 1 count of writing bad checks, just had to pay the fines, and then Theft-Movable Property <=$2500, a class A misdemeanor ( 2004)

Do you think he'd be sentenced a lot of additional time or simply serve the time he skipped out on? He was told that he could have up to 5 years, but that seems a little over the edge for me.
Expert:  DPerezLaw replied 8 years ago.


The five years is certainly the maximum that could be given and I agree, that would be a little over the edge. Now what is not over the edge is doing a lot more jail time then he did at first. With the small amount of criminal history that you provided and the severity of the sentence he was given, i.e. 6 month jail term, I would say that was harsh. So, with that in mind, things tend to get tougher with violations. In conclusion, without knowing the judge or that judge's tendencies, somebody local would know that, I would guess at a year sentence with credit for time served for the initial time he spent and the time he has been in for now. But that is merely a guess, due to my statements in the previous post. Hope this helps.



D. Perez