Legal Question in Criminal Law in California

Re: Juvenile Crime

It depends on whether or not a warrant issued for your son BEFORE his probation expired. The court only has jurisdiction over the case while probation is active.

If a probationer violates the terms of probation, ordinarily the probation department will notify the court and the court responds by issuing a warrant. The warrant tolls probation - and the court retains jurisdiction over the case until the warrant is removed. The warrant stays in effect until the probationer and/or his attorney make an appearance.

However, it is not uncommon for a probation violation to fall through the cracks. If the probation department drops the ball and fails to notify the court when the violation first occurs and no warrant issues, then probation will expire under the original terms. Once probation expires the court no longer has jurisdiction over the probationer on that case and will not be able to punish the probationer for prior violations.

Re: Juvenile Crime

There is no statute of limitations with respect to failure to fulfill conditions of probation. A warrant is issued in such situations and warrants never expire. The situation will catch up with him sooner or later.

He needs to take care of this as soon as possible. He should be assisted by a lawyer and, perhaps, he could blame it on his parents. Just kidding, but not really if it makes for a believable and mitigating story.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Juvenile Crime

No. Warrants are forever.