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If you are charged with a curfew violation, what does it mean when the court has your status as fugitive?

Petersburg, VA |

Someone has been incarcerated for 3 weeks for a curfew probation violation since 12/09 and last week the paperwork was just filed and a capias issued when the person is already locked up. How can this be or what does it mean? It took almost a month before the probation officer filed anything, and the person has just been sitting in jail. Would it be better to get a paid lawyer for them versus a court appointed one?

The person was arrested 12/28/09 and is still incarcerated, the paperwork wasn't filed until 1/19/09 and says probation reporting case status-fugitive! He got incarcerated because he missed curfew so he was violated but something doesn't seem right to me and needed some guidance on this matter. Why would a capias be issued if the person is already incarcerated and have a fugitive status?

Attorney Answers 2


  1. Fugitive status for court records typically means the court does not know the whereabouts of a particular defendant. Your brief explanation seems to confirm this. I practice in the Petersburg Courts. Contact my office at your convenience to discuss.


  2. What you described isn't the way I am accustomed to seeing it done. You don't become a fugitive unless you fail to appear in court and the court sort of "gives up" on finding you until you surface on your own. Although I am guessing, I suspect that there is more to this story and it might involve a charge from another jurisdiction. You should definitely seek the help of a criminal defense lawyer. Theoretically, it should not matter if your lawyer is court appointed or retained. Whichever you have, use him to resolve this situation. If there was an error at court, you need to file a motion and get before a judge. Good luck with this.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    Brian Geno
    Geno Law Firm
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    Fairfax, VA 22030
    703-691-GENO (4366) Office
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    www.GenoLaw.com Web

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