Thursday, October 23, 2014

Probation / VOP / Violation of Probation / Warrant / Probation Warrant / Set-Aside Warrant / Rescind Warrant / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     How can I remove a probation violation warrant?  Hey all, Got a DUI and went on probation while living out of state. Got a job in a different and forgot to email my probation officer for 2mos because Of working 60 hour weeks and PO issued a warrant. No excuse and I'm not making any but how can I get this removed? I really don't want to go out off state because I'm all the way on the west coast or face any jail time. I've completed all the other terms of probation FYI.

A:  
Michael Adam Haber

PRO

Contributor Level 20
Answered I am not an IL lawyer so I cannot comment on matters of IL law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for 23 years, then I would all but guarantee you that you will not be able to satisfy the warrant remotely from another state (except by being taken into custody and extradited).

The bottom line with warrants is that they suck; well that and that oftentimes they end up in untimely and inconvenient incarceration. That said, when it comes to warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).

In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily hose to bring the matter to them, an undeniable fact that even an average defense lawyer should be able to use to your advantage during the pendency of your case. In the later event however, as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply lost in hope and prayer that it'll heal itself / go away) then more time that it has to metasticize and destroy you from within.

I don't know whether you have any defense or explanation for your violation but I do know that right, wrong or indifferent your warrant is a veritable cancer which will almost surely prejudice you, whether with the Court, the State or both, sometime down your legal pike.

My advise: Stop dodging the unavoidable bullet and hire a skilled and experienced criminal defense lawyer in whatever jurisdiction that your warrant was issued to arrange your in-Court surrender, on your terms (as much as possible anyhow) and to build a defense in your case.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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