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I have a warrent for violation of probation for absconding. It expired a year ago.

Upper Marlboro, MD |

I have called the court and been added to the docket to go in front of the judge to have the warrent squashed and get a new court date. My fear is that I will not be given one and I will be incarcerated that day and lose my bed in transitional. I have a pre set bond that I can not pay. Being that it is a vop is it likely the judge grant my request and give me a court date of am I going to be incarcerated that day

Attorney Answers 4


  1. If bond was set and you can't pay the bond it is possible that you would be incarcerated that day. Your best bet would be to come to court with a lawyer. S/he may be able to convince the judge to let you stay out and give you a second chance.


  2. A lawyer can assist you by filing a motion to quash the warrant and request a new court date. He or he may be able to present information about you to the judge requesting reduced bail or release on your own recognizance.
    RSealey


  3. Your question did not indicate what jurisdiction your case is pending in. The anwer could vary depending on the jurisdiction and the particular Judge who issued the warrant. The best approach would be to hire an attorney to file a formal written Motion to recall the bench warrant and reset the VOP in for hearing. Obtaining the prosector's consent to the Motion would be helpful. Other factors that will be relevant is why did you violate probation and what did you do or not do to cause your probation agent to seek a warrant for vop? Can you cure the violation? In short, there are many variables that come into play in situations such as this.


  4. Retaining counsel to represent you in a violation of probation is a significant step in indicating to the court that you are serious about dealing with the probation violation.

    With that said, your likelihood of quashing the arrest warrant substantially increases.

    It is particularly important to be proactive in violation of probation cases, because if you have indicated an intent to abscond, the court may likely revoke any preset bond and force you to remain incarcerated until your hearing date.

    In this case, the warrant is not going away, and you will be forced to face this someday. My advice is to retain counsel immediately, and deal with this issue.

    If you have further questions, please call my office for a free no obligation consultation. 410-286-1220.

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