Q: Left country on probation for drug charges, can I return?
I was placed on a three-year probation in 2019 for intent to distribute and possession of marijuana. I left the country in May 2022 to get clean, while still on probation. I'm not aware of any legal proceedings or actions taken since I left. Can I return to the U.S.?
A: You likely have a motion to revoke pending and a warrant. Assuming this is Texas, if the State proceeds on the motion to revoke and the judge grants the motion, you will not be able to be extended, and the judge can only deny the State's motion or to sentence you to at least the minimum range of punishment. You probably can enter the country without issue, but if this is the situation, you should expect to be arrested. Best of luck in getting this taken care of.
A:
Leaving the country while on probation may have violated your probation terms, as most probation agreements specifically restrict travel outside the country without prior approval from your probation officer. When you left in May 2022, your probation period was still active, which means a warrant for your arrest might have been issued for probation violation.
Before attempting to return to the U.S., you should contact a criminal defense attorney in the jurisdiction where your case was handled. They can check if there's a warrant for your arrest and advise on potential consequences. The attorney might be able to work with the court to resolve the warrant situation before you attempt to reenter, potentially avoiding immediate arrest at the border.
Your situation requires careful legal navigation, as reentering the U.S. with an active warrant could result in immediate detention. The passage of time since your departure doesn't automatically clear probation violations. The attorney may also need to address the original drug charges and whether completing rehabilitation abroad might work in your favor when explaining your absence to the court. Taking these precautionary steps shows responsibility and might help mitigate consequences when you return.
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