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  1. #1

    Default Probation Violation Due to Fleeing the State

    My question involves criminal law for the state of: New York

    I pled guilty to a couple misdemeanors and a class E felony charge for possession of a forged document (all non-violent crimes). Since I had zero priors, I received just 3 years probation. However, I was offered a job in CA and decided to just leave NY behind. Probation had pretty much just met with me once a month, nothing too intensive. Anyway, I'm now living in CA and am curious what will realistically happen, if anything. With my history and the kind of crimes I pled to, I'm certainly not a "big fish" by any means. Is a warrant likely to be issued? And if so, what are the extent of the consequences? I was smart enough to pay my fines already so NY won't be hounding me for money... which, from what I've read, is typically what triggers a warrant. The legal system, like most things, is just a business. I'm realistic enough to know NY wouldn't bother to extradite for something like this since there's no cost benefit to them... so is it probable they'll even do anything?

  2. #2
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    Default Re: Probation Violation. Fled New York for Ca. What's Next

    It is almost a certainty that a probation violation warrant was/will be issued for you. It's unlikely that they will put a nationwide pick-up on it but we cannot say for certain. That warrant will hang over your head forever until you resolve the situation. Hope you like that new job cause a warrant can lead to denial of future jobs. Employers are hesitant to hire criminals who have served their time, and much more so with criminals who run out on their obligations before even finishing.

  3. #3

    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting free9man
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    It is almost a certainty that a probation violation warrant was/will be issued for you. It's unlikely that they will put a nationwide pick-up on it but we cannot say for certain.
    By that do you mean the warrant may be issued for the state of NY only rather than nationwide?

    Quote Quoting free9man
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    That warrant will hang over your head forever until you resolve the situation.
    If it's just sitting in NY, that's fine by me.

    Quote Quoting free9man
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    Employers are hesitant to hire criminals who have served their time, and much more so with criminals who run out on their obligations before even finishing.
    It probably helps that I wasn't required to serve any actual "time" (to me, that means jail/prison). Not completing a half-assed probation term doesn't seem like it would have too significant an impact.

  4. #4
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    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting AllegedlyDave
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    By that do you mean the warrant may be issued for the state of NY only rather than nationwide?

    Quote Quoting AllegedlyDave
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    If it's just sitting in NY, that's fine by me.
    There's no guarantee that the warrant will be issued for NY only. If it was only a misdemeanor, that would more plausible. Because you have a felony as well, there's a chance the warrant goes nationwide.

    Quote Quoting AllegedlyDave
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    It probably helps that I wasn't required to serve any actual "time" (to me, that means jail/prison). Not completing a half-assed probation term doesn't seem like it would have too significant an impact.
    No, it doesn't help. In fact, with some judges, it makes it worse. It can be looked at from a standpoint of I'm cutting you a break by giving you probation, and you stick your finger up to me by running out on a obligation to fulfill your end of the bargain. Even if the warrant can't be served in other states, it can haunt you through other ways.

  5. #5

    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting viol8te
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    Even if the warrant can't be served in other states, it can haunt you through other ways.
    Could you go into more detail about these "other ways"?

  6. #6
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    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting AllegedlyDave
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    Could you go into more detail about these "other ways"?
    Sure. If you violate probation, your probation can be revoked and you can be required to serve the full prison sentence allowable for your crimes. In addition, PV carries it's own penalties.

    At the least, you can expect your driver's license and any other professional licenses to be revoked until you cure the circumstances of the probation.

    Courts take probationers with a cavalier attitude very seriously. They may not extradite you. However, this means that EVERY traffic stop or roadblock you go through will run your record and can incarcerate you until NY decides whether or not they want you THIS time.

    Yup... that means you get a 3 day stay at the graybar Hilton every so often. Then they release you. And then they incarcerate you again.

  7. #7

    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting cyjeff
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    Sure. If you violate probation, your probation can be revoked and you can be required to serve the full prison sentence allowable for your crimes. In addition, PV carries it's own penalties.

    At the least, you can expect your driver's license and any other professional licenses to be revoked until you cure the circumstances of the probation.

    Courts take probationers with a cavalier attitude very seriously. They may not extradite you. However, this means that EVERY traffic stop or roadblock you go through will run your record and can incarcerate you until NY decides whether or not they want you THIS time.

    Yup... that means you get a 3 day stay at the graybar Hilton every so often. Then they release you. And then they incarcerate you again.
    Hmm... considering I rarely drive thanks to public transportation, that actually sounds okay. Down the road I'd probably call "home" and negotiate some kind of arrangement to have the warrant lifted. I'm interested in applying for grad school soon though. Would there be any hang ups there? Say, getting financial aid and such? And would the warrant, if it is nationwide, necessarily show up on an employer/landlord background check? (I have a job but I'm looking at other positions.) As I understand it, there's a limit on who can access NCIC databases... assuming I'm even on there. For a felony "possession of a forged document" charge, I kinda have my doubts. Especially since I had no priors whatsoever.

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    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting AllegedlyDave
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    Hmm... considering I rarely drive thanks to public transportation, that actually sounds okay. Down the road I'd probably call "home" and negotiate some kind of arrangement to have the warrant lifted. I'm interested in applying for grad school soon though. Would there be any hang ups there? Say, getting financial aid and such? And would the warrant, if it is nationwide, necessarily show up on an employer/landlord background check? (I have a job but I'm looking at other positions.) As I understand it, there's a limit on who can access NCIC databases... assuming I'm even on there. For a felony "possession of a forged document" charge, I kinda have my doubts. Especially since I had no priors whatsoever.
    Again, we cannot predict the future.

    However, there are a number of ways you can be influenced.

    All criminal background checks are not the same, but I would plan on most finding out your circumstances. The limits of access you are talking about don't exist when there is an active warrant out for your arrest.

    A felony is a felony. You seem to think it is no big deal. I urge you to search just these forums to find out the number of people that find out that their lives are forever impacted.

    You do, of course, realize that your PRESENT employer could also find out, right? You violated probation for this job and you are leaving it? Personally, I would hang onto it like grim death.... you are going to have a hell of a time finding another. Employers tend to frown on hiring people that may be gone for random blocks of time.

    Got a passport?

  9. #9

    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting cyjeff
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    A felony is a felony. You seem to think it is no big deal. I urge you to search just these forums to find out the number of people that find out that their lives are forever impacted.
    I have, and that research is what led me to believe it's far better to have a warrant than a felony. I'm in NY, so a felony conviction would scar me for life. With a warrant, there's always a chance it won't be "renewed" after so many years, a chance that some of the supposed evidence could be lost, or I could contact the original county and work out some kind of deal down the road. As long as I utilize public transportation and keep my nose clean, the chances of me being picked up seems extremely unlikely. I've also read numerous times that warrants are less likely to show up on a background check than a felony conviction.

    Quote Quoting cyjeff
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    You do, of course, realize that your PRESENT employer could also find out, right? You violated probation for this job and you are leaving it? Personally, I would hang onto it like grim death.... you are going to have a hell of a time finding another. Employers tend to frown on hiring people that may be gone for random blocks of time.
    The felony warrant is for presenting a false I.D. to a teller at the DMV. I would think that if it came up, the interviewer would understand that I wouldn't be actively pursued over such a trivial charge. No one was hurt, nothing was stolen, no one was otherwise impacted... yes, it's a felony. But reasonable employers would look at what is behind it. Somehow fleeing such a stupid conviction should appear better than an actual conviction. I'd personally rather hire someone accused of providing a false I.D. than someone that definitely did so.

    Quote Quoting cyjeff
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    Got a passport?
    I do, but there is no reason to flee the country over my alleged crime. Why would I do that? I'm a very, very small fish. You might even call me a minnow.

  10. #10
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    Default Re: Probation Violation. Fled New York for Ca. What's Next

    Quote Quoting AllegedlyDave
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    I have, and that research is what led me to believe it's far better to have a warrant than a felony. I'm in NY, so a felony conviction would scar me for life. With a warrant, there's always a chance it won't be "renewed" after so many years, a chance that some of the supposed evidence could be lost, or I could contact the original county and work out some kind of deal down the road. As long as I utilize public transportation and keep my nose clean, the chances of me being picked up seems extremely unlikely. I've also read numerous times that warrants are less likely to show up on a background check than a felony conviction.
    You already pled, you have a conviction, including a felony. You don't "renew" warrants. What evidence? You are already guilty!!! Your only deal that you can work out is when do I turn myself in?

    Quote Quoting AllegedlyDave
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    The felony warrant is for presenting a false I.D. to a teller at the DMV. I would think that if it came up, the interviewer would understand that I wouldn't be actively pursued over such a trivial charge. No one was hurt, nothing was stolen, no one was otherwise impacted... yes, it's a felony. But reasonable employers would look at what is behind it. Somehow fleeing such a stupid conviction should appear better than an actual conviction. I'd personally rather hire someone accused of providing a false I.D. than someone that definitely did so.
    What are you smoking?!? You already pled guilty!!! You weren't accused. You were found guilty!

    Quote Quoting AllegedlyDave
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    I do, but there is no reason to flee the country over my alleged crime. Why would I do that? I'm a very, very small fish. You might even call me a minnow.
    Apparently, you have the memory and though process of one as well. You have the memory of Ten Second Tom from "50 First Dates!" You have a warrant and a felony conviction right now.

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