Q: If I was sentenced to surrender for 30 day weekend sentence on a certain day but finished it later on is it bail jumping
I was sentenced to surrender for 30 days on weekends on 3/26/21. I had unforeseen circumstances to not surrender until 4/16/21 but continued to to do it every weekend until I finished with good behavior on 5/31/21. So I finished the sentence just 3 weeks late. Is that still bail jumping?
A:
Like many things in the law the answer is it depends.
642:8 Bail Jumping. –
I. A person is guilty of an offense if, after having been released with or without bail, he:
(a) knowingly fails to appear before a court as required by the conditions of his release; or
(b) knowingly fails to surrender for service of sentence pursuant to a court order.
II. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances ceased to exist.
You need to contact a lawyer to help determine if you have an affirmative defense or not. It is impossible to tell without more details what the circumstances were.
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.