Legal Question in Criminal Law in California

Skipping out of country before sentence served

I have a client who left the country and will be returning in 3 years due to business obligations. However, he served only 10 out of the 20 days of weekend work. I request to modify probation was denied. During the hearing, the D.A. requested a bench warrant and that also was denied since no violation of probation occurred yet. However, there will be a violation in the near future. What should I do to prevent my client from returning to the states and being taken into custody. Please advise or call me at (408) 573-1573.


Asked on 9/26/03, 2:15 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Skipping out of country before sentence served

File a motion to modify the terms of probation. Ask the court to change the remaining jail time into a fine. You should discuss this with your client and determine how large a fine he is willing to pay to avoid the jail sentence. Depending on the judge this approach may work.

It appears that this is a misdemeanor, the general rule in Santa Clara County is that misdemeanor warrants are not placed on the nationwide net work. there may be some other options that can worked out with the court.

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Answered on 10/03/03, 9:08 pm


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