Asked in Criminal Law for Michigan

Q: The Michigan dept of corrections had me on their website as having absconded from probation.

I was never convicted or sentenced to be placed on any probation. Though I was arrested for being at an after hours club along with several others. The small quantities of drugs discarded on the floor were never attached to anyone, and the arresting squad never showed up in court on the 2 occasions. We were asked to go, so I don’t understand why they would pin absconding on me. The case was never adjucated to even convict or exonerate. Please advise. Thanks

Related Topics:
1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Did you have a lawyer during this process? That should be your first call. He or she should have what's called a nolle pros (motion and order to dismiss) in the file.

Were you on probation or parole when you were arrested? An arrest, even if it doesn't led to conviction, can be deemed absconding. If you were on probation or parole, it would obviously be important to make contact with the agent you were assigned to and get things situated.

If neither applies, then it's possible - although unlikely - that OTIS has some bad information somehow. You could have the same or similar name of another individual in MDOC custody (it happens).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.