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  1. #1
    Join Date
    Dec 2011
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    washington court house, ohio
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    Default Felony Probation Violation

    My question involves criminal law for the state of: Ohio

    My daughter was sentenced to 2 yrs of felony probation, 6 month suspended time in marysville womens prison and some fines for a felony 5 non support of dependant in 2008. Her original time on probation has expired but before it expired she was violated. She now lives in another state and is due to have her second child in february and I would like to know what is the probability that she would have to go to prison should she come back her and get caught or get caught in the state she now resides which is Michigan. Would they hold her there on the warrant if she were to visit someone in jail or prison or get into any trouble?

    Worried Mother in Ohio

  2. #2
    Join Date
    May 2011
    Location
    Illinois
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    Default Re: Felony Probation Violation

    Yes they could hold her. They could hold her after finding her on a traffic stop. They could hold her at the most inopportune time. They'll hold her child in child service's custody until someone can come get her. SHE NEEDS TO FIND A LAWYER AND RESOLVE THIS ISSUE! If she can, get her case opened back up, go back to the home state and work out a compromise, that will be her best option.

  3. #3
    Join Date
    Sep 2011
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    OH10
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    Default Re: Felony Probation Violation

    She needs to gt this settled. If they pick her up, they could take her child while she is in jail.

  4. #4
    Join Date
    Dec 2011
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    washington court house, ohio
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    Default Re: Felony Probation Violation

    Do u honestly think they would go to Michigan to pick her up? How long can they hold her in Michigan if Ohio don't come pick her up?

  5. #5

    Default Re: Felony Probation Violation

    Odds of extradition are much better for a felony case than a misdemeanor one. Extradition between Michigan and Ohio (practically neighbors) is much better than for California and New York. In other words, yeah, Michigan would probably want to go pick her up. Reasonable time frames for pickup are generally a couple of weeks - and can also depend on whether she bothers to drag it out by fighting extradition, or if she wants to play ball and get it over with. If she visits anyone in prison, yes, she can anticipate that the warrant for her will be discovered. She realistically also needs to know that if she's having MORE children, when she's got a felony criminal record for not supporting already existing children, that the judge is likely to throw the proverbial book at her.

  6. #6
    Join Date
    May 2011
    Location
    Illinois
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    Default Re: Felony Probation Violation

    It may be possible that you daughter signed an extradiction waiver as well. That being the case, she would not be able to tie it up by fighting extradiction to the home state. My travel record right now is extradiction from Illinois to Louisiana for a possessions case. So yes, Ohio to Michigan is nothing.

  7. #7

    Default Re: Felony Probation Violation

    A probation violation is a charge in itself isn't it, with penalties of its own, right? She is really rolling the dice by avoiding dealing with it. Visiting someone in prison does NOT sound like a good way to stay under the radar!

  8. #8
    Join Date
    May 2011
    Location
    Illinois
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    1,376

    Default Re: Felony Probation Violation

    Quote Quoting Legal Beagle
    View Post
    A probation violation is a charge in itself isn't it, with penalties of its own, right? She is really rolling the dice by avoiding dealing with it. Visiting someone in prison does NOT sound like a good way to stay under the radar!
    That wouldn't be across the bord. VOP's are attached to the original case in my state. But different states have their own approach. One thing has to be a unanimous opinion though, going to visit someone while you are on probation and noncompliant too, not a good idea.

  9. #9
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Felony Probation Violation

    If she visits a Michigan prison, they will do a warrant check and they will detain her if a warrant shows up and they're within the pickup radius or if it's a fugitive warrant from another state. Jail is probably more "hit or miss".

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