Parole, Probation ProVio#2: "Absconding" Better to get lawyer & turn self in or no diff?

[hellojosef]

Hello and thank you for taking the time to read and respond.

I recently caught a case and began probation in late June. I was arrested in the office of my probation officer during my first report 15 minutes after our introductions, because I gave a hot urine. I did 16 days in county jail. The judge warned me upon what was considered an early release and favorable treatment that if I gave another hot urine for anything whatsoever he would issue a Bench Warrant for my arrest and max out the sentences of my two misdemeanor charges of "simple possession" and paraphernalia, i.e., two years in jail. He proceeded to tell me that I was foolish and overestimating my abilities. Well, he was right. Having never been to jail I was only able to estimate how different my newly found convictions and self-discipline would hold up on the outside. They didn't hold up well at all. So, anyway, one day my PO is irritated with me and instead of having a conversation and scheduling me 4-5 days ahead he leaves me a voicemail stating I am to report the following morning. Even if I'd caught his call, rather than getting the message late that evening, he was giving me less than 24 hours notice. I didn't make it. It's been six weeks now and there's been no effort to come to my address and arrest me. Will there be? I doubt being in the sticks on the border of the county has much to do with someone not showing up. Regardless, I've accepted there's no way to fix this second violation, which I assume is considered "absconding from justice," and that I'll undoubtedly have to do some time in jail again. I'm just curious if anyone has an idea how much (if any) better bringing in my lawyer and turning myself in could work out for me versus being picked up at random. Thanks again.

 

[Betty3]

In my opinion it is better to turn yourself in than have a probable warrant out for your arrest. If you are stopped by the police for any reason (speeding for example), they will see the warrant out on you. A warrant never goes away. Talk to your lawyer & turn yourself in.

 

[mightymoose]

First things first, find out if you have a warrant. Call your local sheriff's office and give them your information to check if a warrant exists. They should tell you.
If there isn't one then it is up to your PO to get things together. You won't be arrested if there is no warrant and there is nothing to turn yourself in for.
That said, you won't be discharged from probation without having contact with your PO and a warrant will come eventually. Even if you don't have a warrant, your PO can violate you at any given moment and you can be taken back into custody.
So in a nutshell, if there is no warrant you don't yet have to worry about being picked up at random. BUT, you will likely be better off to show some responsibility and go see your PO... and be CLEAN. Yes, you will likely go to jail, but it will ultimately be up to the judge for how long. I suspect you won't spend two years in jail for simple possession. I would expect less than 30 days before you get booted back out on probation. Bringing a lawyer to see your PO would be useless. Just be smart enough to not make any incriminating statements.

 

[disagreeable]

I am guessing by your garbled post you also failed to report at least once. You are screwing yourself and digging a hole.

 

[Betty3]

You really do need to turn yourself in/report to your PO. If you desire, you can talk to your lawyer first.