Violation of Probation for Missing a Meeting Due to Travel
My question involves criminal law for the state of: New Hampshire
I have been in Southeast Asia for almost 5 months. I left the United States in November 2013 and my PPO requested a probation violation hearing. The court scheduled the probation violation hearing on January 7, 2014 and I missed the hearing because I did not have the means to return to New Hampshire. Two days after the hearing the police went to my residence in New Hampshire to arrest me and of course, I was not there.
Prior to the date of the hearing I wrote a letter to my attorney and told her that I did not have the means to return to New Hampshire to attend the hearing. I also asked her to request a continuance and she did not. I also do not think my attorney read my letter.
To give you a little more history on this case I was arrested originally for taking lottery tickets from a convenience store where I worked and the result was two years probation. I paid complete restitution at the first court date I had regarding this issue and I owe no money to anyone. Other than the lottery ticket misdemeanor I have absolutely no criminal record whatsoever. Anyway, my PPO had previously told me that she would request an early termination of my probation in September 2013 and after many failed attempts to talk with my PPO to get confirmation I left the United States in November 2013, two months later, and traveled to Southeast Asia where I am now.
I would like to go back to New Hampshire and deal with this issue and get it resolved, however, with an outstanding warrant for my arrest and the prospect of doing time in jail I am naturally hesitant to do so. My PPO does not like me as evident from an email conversation we had prior to her requesting a probation violation hearing.
My two year probation period would end September 2014 if there were no issues and I was not let off early. If I return to the United States in November 2014 what should I expect? Will I be detained immediately by immigration when I get off the plane and then held in a New Hampshire jail without bail until another hearing is scheduled? When another hearing is scheduled will they put me in jail for one year too serve the remainder of my probationary time?
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
You will likely be jailed and serve out the remainder of the sentence from the point you were violated in jail. If you are not a US citizen, you will likely have serious immigration problems also.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
I am currently a US citizen. I left in November 2013 which is about 14 months into the 24 month probationary period. So, assuming you are correct I'm looking at 10 months in jail after the hearing. If I'm detained by immigration at the airport and held in a New Hampshire jail until a hearing is scheduled that could be an additional 3 to 4 months giving me a total time of 13 to 14 months incarcerated, right? This said, what incentive is there to go back to states and attempt to clear this issue up? I am working now and building a good future and I left on the word of a PPO telling me I would be released early. You know the PPO will always win in court and going back in my opinion would be voluntarily destroying my life... Anyway, thank you for your reply Disagreeable.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
The court is not going to adjourn a probation violation hearing, merely because you choose not to show up. Even had your attorney told the court, "He's in Southeast Asia and says he can't afford a return ticket", the court would have no need to adjorn the hearing, nor would a court have any inclination to indefinitely postpone the hearing just in case you decide to start showing up in court as ordered. If you were in the hospital following surgery, you might have had a shot at an adjournment.
If you want to minimize the consequences of your deliberate violation of your probation, and your deliberate failure to appear in court as ordered, climb into a time machine and travel back to the U.S. last January. If you want to maximize the consequences, keep ignoring your obligations to the court and show up if and when you feel like it.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
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Mr. Knowitall
The court is not going to adjourn a probation violation hearing, merely because you choose not to show up. Even had your attorney told the court, "He's in Southeast Asia and says he can't afford a return ticket", the court would have no need to adjorn the hearing, nor would a court have any inclination to indefinitely postpone the hearing just in case you decide to start showing up in court as ordered. If you were in the hospital following surgery, you might have had a shot at an adjournment.
If you want to minimize the consequences of your deliberate violation of your probation, and your deliberate failure to appear in court as ordered, climb into a time machine and travel back to the U.S. last January. If you want to maximize the consequences, keep ignoring your obligations to the court and show up if and when you feel like it.
Yes, clearly you are correct in that the court would not accept any excuse that does not involve extensive bodily injury, extreme illness or death. This said, you get no argument from me on this one. Fortunately for me I can stay out of the country permanently and it's looking more and more like it's the only way I'll remain free, keep my business and my relationship with my fiancee healthy. In other words, I would be giving up too much if I were to return to the states and try to make things right.
My PO told me she would request that the probation be terminated early in several conversations. We talked on the phone last in August 2013 and she mentioned it again and told me to meet her in her office in September 2013 to discuss it further. I went to the appointment and the PO was not there. I then tried to contact her via phone and email repeatedly and got no replies. I really believed that the probation was going to be terminated early and got no message via email or phone suggesting otherwise. I then left in November assuming the probation would be terminated, but it wasn't.
I had no criminal history or record whatsoever except for taking some lottery tickets until now. I paid complete restitution and I do not owe anyone any money. I'm sorry, but I'm not going to voluntarily destroy my life and go to jail for 14 months. Frankly, I blame my PO for this because I would not have left at that time had I known she was not going to request early termination of my probation. I would have waited a year longer and left after the probation was served. Anyway, thank you for your reply Mr. Knowitall.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
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Bob2014
Frankly, I blame my PO for this because I would not have left at that time had I known she was not going to request early termination of my probation.
No, the blame is entirely yours. You do not just leave assuming something is going to happen. You wait until a court of law decides whether they want to terminate your probation early, because there is no guarantee it would happen. Even with your PO's endorsement, and why would your PO even endorse you for that if she dislikes you as much as you claim she does? You likely would have had to attend that hearing anyway.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
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free9man
No, the blame is entirely yours. You do not just leave assuming something is going to happen. You wait until a court of law decides whether they want to terminate your probation early, because there is no guarantee it would happen. Even with your PO's endorsement, and why would your PO even endorse you for that if she dislikes you as much as you claim she does? You likely would have had to attend that hearing anyway.
I respectively disagree. I'm not an attorney, law enforcement officer, PO or anyone who would know all you are saying unless I was told. I was not informed of the procedure. I was only told that the probation would be terminated early.
I did not know the PO had to request that probation be terminated by the court. I only know that now through research. I thought the PO was the one who made that decision and informed the court that it was done. All in all there was no communication at all and nothing was made clear. Why do the courts and PO's just think people know things without being told?
The PO called the hearing when she found out that I left the country. Obviously, at some point there would have been a hearing. Thank you for your reply free9man.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
You're deluded. Your probation conditions are in force until you are specifically told that they have been told. "Going to be" doesn't mean "has been."
You absconding derailed any intent to let you off earlier.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
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flyingron
You're deluded. Your probation conditions are in force until you are specifically told that they have been told. "Going to be" doesn't mean "has been."
You absconding derailed any intent to let you off earlier.
I had no reason to abscond. I expected to receive a notice in the mail stating that the probation had been terminated and was surprised by my PO requesting the court date being set after I had left. If I was intending to abscond why would I wait 14 months into the probationary time until November 2013 to leave? Also, as I said if I had known the probation would be in force until September 2014 and I needed to wait until the court processed everything then I would have waited. Thank you for your reply flyingron.
Re: Out of the Country, Missed Probation Violation Hearing and Arrest Warrant Issued
You left before your ducks were in a row. You can whine all you want but you were NOT off probation (and you appear to have known it but assumed you'd be OK, but that assumption was wrong).
You're only option is get a lawyer and abjectly plead stupidity.