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  1. #1
    Join Date
    Jan 2016
    Posts
    1

    Default Will a Fugitive Be Arrested in Other States on a Probation Violation Bench Warrant

    My question involves criminal law for the state of: Illinois
    My friend caught his first felony and is currently on probation for 2 years for battery. His probation time doesn't expire until Aug. 6 2016 but he missed one court appearance back in July 2015. The court appearance wasn't for a new charge or anything it was just a status update. He was trying to get a lawyer to resolve the issue but didn't have the money at the time. When he called his probation officer and told her the issue she said she couldn't do anything about the situation because he has a warrant and that he couldn't keep checking in with her with that active warrant and now he's been worried because now he has a bench warrant in Chicago Illinois for failure to appear and doesn't want the judge to send him to jail for the remainder of his time on probation. He moved to Los Angeles for a new job opportunity about a week ago and my questions are first could he get locked up out there for that warrant out in Chicago? And two once his probation time expires in August if he was to get pulled over or anything could he still be sentenced to jail time for those two years he took probation on? Please help out so I can give him some answers. Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Failure to Appear

    Surprise!!!!! His probation time will not expire as scheduled. He is currently a fugitive from justice and is subject to arrest and extradition when he is caught. His probation is now on hold. Probation does not end simply because a date comes about. He has to be formally discharged from probation and now that isn't going to happen.

    Unless he was given permission to leave the state that alone was enough to violate him.

    He needs to hire a lawyer. He will likely have to appear in court in Chicago. He may end up in jail for the remainder of his time.

    He was foolish to not take care of the FTA as soon as he could. Where he might have recieved some leniency, running across the country is not going to make any judge happy.

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