QUESTION
What do I do if I have no warrant and never turned myself into jail?
Asked on Feb 04th, 2014 on Criminal Law - Minnesota
More details to this question:
I was removed from work release in 2009 as I missed a day I signed up for. I had 5 days of 60 left and after numerous attempts over the next month to clear up the matter I was basically told wait for a turn in date and then discuss with a judge. Fast forward it's 2014 I never received any documentation or court date and am in the process of military enlistment. Needing documentation from this incident I contact probation, and after a million dead ends I finally am informed that I don't have a completion document because they sent me a turn in date in the mail in 2009. Needless to say I never went but in addition to that I was never prosecuted for that not even so much as a bench warrant. I've been off of informal probation since 2009 with a clean record and now 5 years later I'm faced with this mess. What do I do?
5 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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J. Jeffrey Morris & Associates
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Retain counsel, have your lawyer contact the court and set a hearing date. Show up, have your lawyer ask the judge to allow you to complete the terms of your probation, complete the 5 days and obtain your certificate and complete your enlistment.
Answered on Feb 07th, 2014 at 5:45 AM
Alimony Attorney serving Klamath Falls, OR
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EveLyn Oldenkamp
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I would hire an attorney in the area. If you are entering the military, they can probably take care of this quickly, through say a completion of the 5 days of work release and terminate probation? If a warrant issued in 2009 your probation "tolled," e.g. it continues to be in existence in a suspended mode until you take care of it. I know it is frustrating. If you do not want to hire and attorney, I would turn yourself in to jail on the warrant that is likely out for your arrest and the entire process will kick into gear.
Answered on Feb 07th, 2014 at 5:44 AM
There most certainly is a warrant. You should hire a lawyer to go to court to recall the warrant. A lawyer can do this without you present, so it is less risky for you.
Answered on Feb 07th, 2014 at 5:44 AM
Jacob P. Sartz
Generally speaking, the best route is to obtain counsel and then file a motion with the court to terminate probation. Usually, a hearing is needed; however, if the judge grants an order terminating the probation, that should settle the issue. If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer.
Answered on Feb 07th, 2014 at 5:44 AM
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You need an attorney to help clear this up for you. Since so much time has passed, it may be fairly easy to get you through this without consequence. It will likely take a motion filed with the court and an appearance in front of the judge. Contact an experienced attorney. Many of us offer a free initial consultation.
Answered on Feb 07th, 2014 at 5:43 AM