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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27747
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a warrant out of 2 different counties in California

Customer Question

i have a warrant out of 2 different counties in California for probation violation I'm absconding living in another state in which I have been stopped by the police and when they run my name it comes back as non extraditable so they let me go it's been 3 years now and my probation in 1 county is due to expire soon what will happen if I returned to California after it has expired
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.


I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 2 months ago.

Unfortunately, I don't have good news for you. Neither your warrant nor your probation expires. If you go back to California and you are found, you'll be arrested on the violation and entitled to a hearing to address it and to be represented by a lawyer. Probation will ask for you to be revoked and resentenced to the jail alternative that you were warned about at the time of the plea. The prosecutor may or may not charge you with absconding. And your lawyer will make an argument for your continued liberty and for a non-incarceratory and/or less stringent sentence.

The judge will hear both sides of the issue and the facts and circumstances and make a decision.

Warrant situations are never good. They are better, however, when you return sooner rather than later and voluntarily rather than in cuffs. If -- or whenever -- you want to solve this problem, get yourself a California lawyer and see what he can do to pave the way for your safest possible return so you can deal with it.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.