what ramifications will i face if i come back to n.y. i live in costa rica i left suffolk county ny probation

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what ramifications will i face if i come back to n.y. i live in costa rica i left suffolk county ny probation

it was a criminal dwi in suffolk county ny about 5yrs ago. i left giving no word and i would like to go back to ny. i will soon have all my legal costa rican papers. how can i REALLY find out about my legal status. please help me.

Asked on May 23, 2009 under Criminal Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

More than likely your probation officer violated you for failure to follow probation terms. If this is true, you would have a warrant out for your arrest. If you are serious about returning to New York, you will first have to vacate the warrant and then appear before a Judge who will almost certainly require bail since you fled once before. You will then have to deal with the violation of probation charge which could result in up to a year in jail. However, if you indeed agree to serve time, you will be terminated from probation and be free after your sentence. Unless you have a compelling reason as to why you fled without the knolwedge of the PO you will not avoid serving jail. I beleive this is a near certainty. I suggest you contact a renown criminal attorney in the County in which you took the plea and were sentenced. He can find out the status and may be able to time your surrender to coincide with a presiding judge who may be more lenient.

 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

At this point there is most probably a bench warrant that has been issued for your arrest.  And warrants do not expire.  You need to hire a NY criminal attorney, preferably one in Suffolk County.  He will have contacts in the court system there and will be able to arrange for the most beneficial deal. 

Breaking probation is a serious offense but if you try to handle this now it will go better for you. You don't want to come back and get picked up for this.  In fact, I wouldn't even try to enter the country without speaking to your attorney first.

Good luck. 

 


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