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  1. #1
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    Jul 2008
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    Default Violation of Probation in Michigan

    My question involves criminal law for the state of: MI

    sentenced with an OUI and driving on suspended. Was placed on a probation period of 1 year with group counseling and random drug screens. Also given a total of ~1100 in fines.

    My question is what would happen to the subject in aforementioned situation IF he/she opted to not pay the fines, or do counseling, or go to the drug screens, or communicate with the courts at all?

    Second question is: If the subject were to reside in California what could happen to him/her?

  2. #2
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    Jan 2008
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    Default Re: Violation of Probation in Michigan

    My question is what would happen to the subject in aforementioned situation IF he/she opted to not pay the fines, or do counseling, or go to the drug screens, or communicate with the courts at all?
    A warrant would be issued and aforementioned criminal would be arrested and tossed into the clink to serve out his original sentence.

    Second question is: If the subject were to reside in California what could happen to him/her?
    Said criminal could get picked up on a routine traffic stop, tossed into the clink, and possibly extradited back to MI to serve out the original sentence.

  3. #3
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    Default Re: Violation of Probation in Michigan

    So, said Subject would get picked up and taken to jail in CA for having a warrant in MI, and then it would be up to the court in MI to decide if they want the Subject back or not, and if MI decided not to have him/her extradited, then the Subject would be free to go. Correct?

  4. #4
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    Apr 2007
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    Default Re: Violation of Probation in Michigan

    Quote Quoting elsien
    View Post
    So, said Subject would get picked up and taken to jail in CA for having a warrant in MI, and then it would be up to the court in MI to decide if they want the Subject back or not, and if MI decided not to have him/her extradited, then the Subject would be free to go. Correct?
    Correct. But the warrant and the situation won't just 'go away'. Warrants are like Twinkies; they never die.

  5. #5
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    Default Re: Violation of Probation in Michigan

    If the warrant is in the interstate system, you could be picked up and detained while Michigan commences extradition proceedings - although you probably waived your right to contest extradition as a term of your probation. We don't know if Michigan has put your warrant into the interstate system, or if they would want to pay for your transportation back to Michigan.

    If your Michigan driver's license is still suspended, don't count on getting another one anywhere in the country until this is all resolved. Your choice to be a fugitive could disqualify you from various forms of public assistance, professional licenses, and possibly college financial aid.

  6. #6
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    Jul 2008
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    Default Re: Violation of Probation in Michigan

    How does the interstate System work? does that mean I can be prosecuted in a different state? -CHECK-

    -EDIT- Looked into the Interstate System, seems its just a huge annoyance, but regardless, if the court isn't willing to pay for transportation then the same thing will keep happening, i.e. Jailed, held, released.

  7. #7
    Join Date
    Jul 2008
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    Default Re: Violation of Probation in Michigan

    If the person still resides in MI can he/she get taken to jail at ANY time or do they have to have a reason to check your ID, and would they go to their house looking for them or just wait untill they happen to run into them?

  8. #8
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    Default Re: Violation of Probation in Michigan

    The warrant is reason enough.

  9. #9
    Join Date
    Jul 2008
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    15

    Default Re: Violation of Probation in Michigan

    As long as the warrant is not for a felony, you should be fine.

    If a California officer runs your name, even if he or she does see a misdemeanor warrant from Michigan, they will either not say anything or just tell you about it and say "get that taken care of" and you would be on your way.

    You would most likely NOT be taken to jail in California to "wait for extradition to Michigan". The pick up radius for your warrant is probably 250 miles or something, I wouldn't worry about it if you're actually moving to California. Getting a drivers license may be tricky. You can try to say that you've never had a drivers license before and then take the drivers test and you might be able to get a California license. It's worth a shot if you need to drive, but don't say you moved from Michigan, tell them Oklahoma or something.

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