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Im on probation for a Criminal Mischief charge (less than

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I’m on probation for a...
I’m on probation for a Criminal Mischief charge (less than $500) in Colorado. I’m performing the probation through a private company that the county outsources through. I’m a resident of Texas and received the charge while working in Colorado, but got permission to do the probation by mail-in. I have to complete an alcohol and drug abuse program, complete 48 hours of community service and have to take random alcohol and drug tests. This is ridiculous and with the nature of my job, It’s nearly impossible to keep up with. If for some reason I violate probation, would Colorado extradite me from Texas or any other state? And will Texas or any other state even bother to arrest me? Can I appeal the nature of my probation?
Submitted: 6 years ago.Category: Criminal Law
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9/1/2011
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. How much probation were you sentenced to?
  2. How much have you completed?
  3. Was this a negotiated plea agreement?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

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Customer reply replied 6 years ago
Thanks for your response. The probation is for one year. I have started the classes, but have yet to do any of the comunity service. It was a negotiated plea contigent upon me staying in Colorado an becoming a resident, but I got a job in another state and I think I might be beyond the time frame to appeal the sentensing.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
How much of the time have you completed?
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Customer reply replied 6 years ago
I've done A month of Classes and been on probation for 5-6 months.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

If for some reason I violate probation, would Colorado extradite me from Texas or any other state?

 

  • Difficult to say but probably not. As you can understand, it costs money to extradite a person from one state to another, typically around $1,500 or so. With the budget constraints faced by every state entity, that is a lot of money. For a misdemeanor offense, it usually isn't worth it.

 

 

And will Texas or any other state even bother to arrest me?

 

  • If a warrant were issued, yes, you would face arrest any time you came into contact with law enforcement. In that event, you would likely sit in a local county jail until Colorado decided how to proceed. So you know, that could easily take several weeks.

 

 

Can I appeal the nature of my probation?

 

  • No. As so much time has passed, your appellate rights have long since expired. Additionally, it is all but impossible to succeed with an appeal as to the entry of a plea. Instead, you might consider filing for an early termination of your probation. If you can get the remaining conditions completed, you could file a motion for early termination arguing that everything has been completed and there is no legitimate reason to remain on probation. While it is hugely speculative on my part, I would suggest that the judge would likely grant this request.

 

 

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Joseph
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