I guilty of **** possession. Got prob. I went to another county and things were not set up and now I was asked to volunteer to surrender. What can I do?

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I guilty of **** possession. Got prob. I went to another county and things were not set up and now I was asked to volunteer to surrender. What can I do?

Asked on April 22, 2009 under Criminal Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

From the information you provided, it sounds like you violated probation by traveling outside your county. It also sounds like you thought you had permission to do so, but "things were not set up" properly.

If that was the case, then what you need to do is surrender--especially if there is any evidence or proof that you did try to square things and thought you could travel legally. Are there any emails or other written messages sent to a  probation officer or the court, detailing your plans and asking permission to travel, for example? If you can show that you honestly thought you had permission and were acting completely above aboard, and if you also surrender quickly, the court will probably conclude that your actions were innocent and not a threat to your probation status and impose little if any additional penalty.

That said, once you do surrender, what happens is in the court's hands, not yours. As with any time you interact with the criminal justice system, you should get a criminal defense attorney to advise and represent you. Do it quickly; the longer you wait, both the worse it looks and the greater the likelihood that the police or other law enforcement will find you and take you in, which would deprive you of the ability to surrender voluntarily.

 


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