Question: Does a Probation Officer's failure to excercise due diligence to timely serve a warrant have any affect on its validity?
A friend of mine was recently arrested while on probation (3 months left out of 3 years.) He was unable to contact his P.O. immediately, as he was incarcerated for several days, but he did tell the ADA and the judge (in court) that his P.O. needed to know. The ADA apparently told him not to worry about it (whatever that means). The P.O., who was brand-new, came by his office "to look around." He went to his regular appointment afterward, but did not mention the arrest because he genuinely thought that she knew about it. When he did mention it, she suddenly changed her tune and demanded that he come in right away, which he did. He waited over 2 hours to see her, but had another appointment (which he told her about previously) and had to leave. He did sign in and she saw him/spoke to him briefly. She then told him to come in in two weeks. A couple of days later, she called and told him to come in the next day at 9:30, which he did, and during which time he waited for 4 hours, but did see her. I should mention that he owns a business here in NYC. Soon after, she came to his office (he was out of the office at a business meeting) and told everyone that she had a warrant for his arrest. As soon as he found out about it (that very day) he turned himself in to the bail bondsman, who escorted him to jail. He was in jail for 9 days and was never served with the warrant. He was bailed out, and returned to court for his arraignment 2 days later (he was out for 1 day) at which time the ADA said that there was apparently a warrant out for him. The P.O. did not bother to show up, but instead had merely faxed the warrant to the ADA (expecting him to do her job, I guess.) The judge ordered her to appear, and he waited in court for over an hour, waiting to be re-arrested. The warrant was apparently dated 6/25 - he was incarcerated from 6/25 to 7/3 - he turned himself in on the supposed warrant on 6/25, although he wasn't served with it until 7/5.
He just had his probation hearing, and the officer's failure to properly serve him with notice was noted. The mandatory sentence is 90 days (less time served) but I wonder if he can get it reduced (or tossed) due to the failure of the P.O. to follow procedure? Any suggestions as to statutes or regulation I can refer to? Many thanks!!!