Saint Paul, MN asked in Criminal Law and DUI / DWI for Minnesota

Q: I just found out i have warranty on me for probation violation...

I was in probation for refusal to take a test ...i was arrested for second refusal but i went to jail and released...but they never took me to court or never received a sammon to court date ...that is 31/2 yrs ago...i think my probation violation comes from that but still i didn't know anything about my violation or i had a court date set..what should i do..will i get jail time for that..i didnt know if i had a warrant

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: When a probation officer alleges that a probationer violated a condition of a stayed sentence, he or she can ask a judge to sign an Arrest and Detain Order. This is the functional equivalent to an Arrest Warrant. The main purpose of either is to get the named person into custody. A secondary purpose is to inconvenience that person. Not knowing about an arrest warrant or an A & D, will have little effect on the final outcome, however. As for what to do, you may want to hire a lawyer to represent you before turning yourself in. And you could call the probation officer on the phone, and ask what you did to violate, let him or her know that you intend to turn yourself in now that you know about the A & D. A person in custody for an alleged probation violation may sit in jail longer than a person arrested on a new charge. For more, call me or another criminal defense lawyer to discuss.

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