ThaNumbaOneStunna
10-22-2002, 07:00 AM
Hello guys,
I have a client who has some issues with past cases. Here is the situation. In 1997, he was arrested for Embezzlement in California. He received 90 days in jail and three years probation. That was his first time in trouble with the law in California. After the sentencing in California, he was extradicted to Alabama to stand trial for Grand Theft charges, Alabama sent him to prison for 30 months. That was his first time in prison and in trouble in the state of Alabama.
Here is the problem, remember the probation that California gave him for the Embezzlement charge, that time started counting from the date of sentence until the court realized that 18 months into the probation he was incarcerated in another state. So they revoked the probation and issued a bench warrant until he came foward on this matter. Once he served his time in the Alabama sentence he was required to do 5 years of probation in Alabama, well he ended up doing like 13 months and got off early on good behavior. After he was free to leave the state he came back to California and surrendered hisself on the bench warrant. The court did not take him into custody because he brought paperwork to show where he was during that time. So the court started his probation back up May of last year 2001. Remember he had done 18 months of the probation already. The probation should have ended in 2000. But they revoked it. So bring you into 2002, as of June 2002 a bench warrant was issued again because he was not making his monthly payments on the restitution. But he could not afford it. He had child support payments, and school tuition payments for the same child to make, and he explain this to his probation officer, she wouldn't work with him and she scheduled him to appear before the judge. But he wouldn't go because he knew what the judge would say when he wasn't making his payments. He was schedule to get off of probation December of this year. He has about six months left of the probation. Do you think he should turn himself in. I doubt if the court gives him six month in prison. By the time he gets there it will be time to come back. So based on your experience what should he do?
Thanks,
AK
I have a client who has some issues with past cases. Here is the situation. In 1997, he was arrested for Embezzlement in California. He received 90 days in jail and three years probation. That was his first time in trouble with the law in California. After the sentencing in California, he was extradicted to Alabama to stand trial for Grand Theft charges, Alabama sent him to prison for 30 months. That was his first time in prison and in trouble in the state of Alabama.
Here is the problem, remember the probation that California gave him for the Embezzlement charge, that time started counting from the date of sentence until the court realized that 18 months into the probation he was incarcerated in another state. So they revoked the probation and issued a bench warrant until he came foward on this matter. Once he served his time in the Alabama sentence he was required to do 5 years of probation in Alabama, well he ended up doing like 13 months and got off early on good behavior. After he was free to leave the state he came back to California and surrendered hisself on the bench warrant. The court did not take him into custody because he brought paperwork to show where he was during that time. So the court started his probation back up May of last year 2001. Remember he had done 18 months of the probation already. The probation should have ended in 2000. But they revoked it. So bring you into 2002, as of June 2002 a bench warrant was issued again because he was not making his monthly payments on the restitution. But he could not afford it. He had child support payments, and school tuition payments for the same child to make, and he explain this to his probation officer, she wouldn't work with him and she scheduled him to appear before the judge. But he wouldn't go because he knew what the judge would say when he wasn't making his payments. He was schedule to get off of probation December of this year. He has about six months left of the probation. Do you think he should turn himself in. I doubt if the court gives him six month in prison. By the time he gets there it will be time to come back. So based on your experience what should he do?
Thanks,
AK