Legal Question in Criminal Law in California
When a person has been sentenced and doesn't show to serve time in jail and/or pay restitution, is this called (UFAP) Unlawful flight to avoid prosecution? What can a defendant expect when they flee the state under these circumstances? Is this a serious infraction?
2 Answers from Attorneys
You can expect to live your life as a fugitive, which in this computerized and heavily surveilled world is a lot harder than it used to be. You'll have to watch every little thing. You'll have to stay out of the view of surveillance cameras, which can be connected to facial recognition systems. Don't send out for pizza, fugitives have been caught through the information they gave to the pizza man. Not reporting for your jail time is a separate offense for which you could receive additional time. Interstate or international flight to avoid prosecution is a federal crime.
"Infraction"? Try felony. It is a 'probation violation' that will result in the original sentence being imposed without probation, meaning whatever jail time and other penalties in the sentencing order will now be imposed. And, yes, leaving the state is likely to result in the new felony charges of 'Flight' being charged. The arrest warrant outstanding will result in 'cuffs and transport' if you come in contact with any law enforcement or ICE anywhere. Unless you can live the rest of your life as a fugitive, you should turn yourself in voluntarily with an attorney, to try to minimize the damage and penalties you face. If caught and brought to court, you'll get no such slack. IF this is in SoCal, and you're serious about doing so, feel free to contact me.
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