Legal Question in Traffic Law in New York

Re: Broken probation

It is a mistake for your brother to flee the jurisdiction. Additionally, whatever bail money you posted for him will be forfeited. What he needs is a good attorney to represent him on the violation of probation to see if he can be resentenced to probation. There's no guarantee that he will be resentenced to probation, but if he flees, he will be looking over his shoulder for the rest of his life, and if he is caught he will definitely go to jail...all for a misdemeanor. Get him attorney asap!

Re: Broken probation

1. You lose the bail

2. A warrant will issue for his arrest.

2a. If they find him, could be very problematical but it is too premature to tell.

Good Luck

RRG

Re: Broken probation

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I concur with the previous responses. Your brother will be a fugitive from justice, and will face additional charges if he skips, and it will make matters much, much worse if he is ever charged with yet another crime. You will lose whatever has been posted as bail. He should get himself a good lawyer and face the music now; it may be possible to get some kind of alternate sentence like house arrest or something like that in his jurisdiction, so the lawyer should be asked to investigate and press for that.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900