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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 593
Experience:  Managing Attorney at a Law Firm
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Second opinion] I am a Michigan resident who is on felony

Customer Question

Second opinion] I am a Michigan resident who is on felony probation which started in 2014 and was ordered to complete treatment out of state i did that moved back and realized i was stuck in Michigan on probation and relapsed picked up three more felonies creating a total of 5 felonies i served jail time for 3 months and started my 2 yr probation over again may of 2016 and almost made it halfway through the 2 yr probation with out relapsing but last visited probation Nov 24th 2016 with a passing drug test. I recently obtained a ticket for suspended drivers licence and also a marijuana possession which wasn't mine and in a county that has possession of marijuana decriminalized. now for the suspended license and possession i have a court date on Jan 9th 2017, but i am currently violating probation by being in a drug and alcohol rehab in California and have no told my probation officer about my decision to go to rehab or to be out of state for it or about the ticket/court date. I am wondering if it is better to just call probation tell them i needed to go to rehab and that i have a court date?..or should I just flay back in to Michigan for the court date and pretend i never left for rehab...?
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 6 months ago.

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 6 months ago.

Thanks for your patience while I typed up my response!

Since being out of state is in violation of the terms of your probation, I do not recommend calling your probation officer to let them know.

Doing that would amount to admitting guilt to a violation of your probation, which could then land you in some trouble and even result in having your probation revoked and sentenced to possible jail time.

That being said, it is great that you are being proactive about being in the rehabilitation program and getting the help you need. I don't presume that the court would object to you being transferred into that program.

My recommendation would be to have your attorney file a Motion with the court requesting permission to go into the out of state rehabilitation program, and be sure to list the reasons why the out of state program is the best fit for you (as opposed to one in state).

Of course, I am not advocating for lying to the court, as that could amount to perjury or contempt of court, but hopefully that will not become an issue, and your Motion can just be granted without any further questioning.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to kindly rate me using 3 stars or more, as this is the only way experts are compensated for our time here on 'just answer'. I do not receive a salary here, and am only compensated for my time after you leave me a positive rating. The question won't close after you rate me, so you can still ask any follow-up questions you might have. Thanks so much, I appreciate it!

Expert:  Nisha Jones, Esq. replied 6 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!