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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Warrants and Probation Violation

    My question involves an arrest warrant from the State of Colorado.

    Right now my boyfriend is in San Francisco, CA and he was just put on 3 years of probation there for a felony he was charged with selling marijuana to an undercover cop in the city. After he was arrested he spent 2 months in jail and was then put in a rehab program for 6 months. After 3 months of the program he had a court appearance, where he opted out of the program and they gave him the probation. His probation in CA is unsupervised, meaning he doesn't have to meet with a probation officer, or be on drug tests, or community service. It's basically freedom, except obviously if he's charged with anything new and his probation is violated. When all this happened, he was just visiting SF for his birthday as he lives with me in Colorado. So now he wants to come home to Colorado, at long last. What worries us is he has a misdemeaner warrant in Colorado.

    So these are my questions.

    1. Is it against his probation to go to another state? Does he have to make a request for transfer? And if so, will his Colorado probation continue to be unsupervised? Or will that be reassessed, possibly resulting in drug tests, meeting with POs, etc?

    and

    2. If he is arrested for his misdemeaner warrant while in Colorado, will that violate his probation? My thinking is that it won't, since he won't be convicted of any new charges... if anyone can answer these questions that would be very, very, helpful.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Warrants and Probation Violation.

    Most likely his probation does restrict his movement without authorization. He needs to consult with the probation department to get permission to move. They can either continue the "unsupervision" remotely or they can transfer his probation supervision to Colorado.

    His probation terms would also likely state that he needs to report being arrested (if he was). However, if he was convicted of something that occurred BEFORE he went on probation, it should not be a violation (provide he provides the notifications).

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