Legal Question in Criminal Law in Michigan
Leaving the state while on probation
If a person is on probation for a class 3 misdemeanor in the state of Missouri, and leaves the state to avoid fulfilling his sentence, will other states have access to this information? Will they extradite this person back to Missouri? And is there a statute of limitations on this? I'm thinking that it may show up when a driver's license is renewed or when a car is registered. (Please note, I am not requesting this information so I can do this. It has already been done by someone and I just want to know what to expect will happen to this person.)
1 Answer from Attorneys
Re: Leaving the state while on probation
When the person referred to in your question left the state of Missouri he or she probably violated the conditions of his or her probation. If so, the probation officer would normally seek a revocation of that person's probation in court. Since the person on probation is entitled to a hearing on the issue of whether or not the probation should be revoked, a court date is set. If that person then fails to appear at the court date a warrant is issued by the court and put into the major law enforcement computer data banks. If and when that person is ever pulled over or ticketed or questioned by police the warrant will appear and that person will be arrested and held. The local court may allow the person to be released upon suitable bail, or may hold the person for extradition to Missouri. No statute of limitations is running since that person tolled (stopped) any applicable statute of limitations by leaving the state. If this has happened recently, there may still be time to correct the situation. The warrant may be cancelled upon motion by legal counsel, and a new court date set. Or, in some cases it is possible to simply have the supervision of probation transferred from the state of Missouri Department of Probation and Parol to the agency in your state which serves the same function. If you or the person you refer to in your question would like a free telephone consultation you may call me at 314-727-2822. I may be able to help.
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