Legal Question in Criminal Law in Arizona

resolving a warrant

Ihave been on standard probation for 31/2 yrs. of the 4 yrs. ordered. 1st ever violation occurred mid june, with no new charges involved(just technical violation of conditions). My P.O. said it had to be addressed, but after consulting with his supervisor(at my request) I was told that a decision was reached to serve me with a summons for a court date for the violation, which would allow me to continue to work and care for my son; no jail. About a week after this, the P.O. comes to tell me that the court has issued a warrant, not a summons, and it is out of his hands?I took it upon myself to contact superior court, and was told that it was because the P.O. had filed a ''petition to revoke''. If he had wanted me to be served with a summons, he should have filed a ''motion to modify''. I then approached my P.O. with this knowledge, and he later informed me''no, it can't be changed''. I have had a valid warrant for my arrest since Aug. 1st, and have had physical contact with my P.O. in his office 3 times since then. I have a copy of written directives from each visit to prove that I had contact. I have asked him each time about when are we going to take care of this? No response. Can I just present myself to the court and tt the judge?


Asked on 8/31/04, 2:41 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: resolving a warrant

Your PO sounds either shady or stupid. Either way, courts are reluctant to set this type of matters on the docket on a 'walk in' basis. With counsel, though, you may be able to get the petition and initiate the matter yourself, in part by changing the requested warrant back to a summons. Its takes some work and some finesse, but its do-able. How do I know- I've done it before. If you are looking to retain counsel, give me call.

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Answered on 8/31/04, 8:26 am


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