Home > Research Legal Advice > Criminal Defense > Why didnt the jail notify my probabtion office that i turned myself in?
Asked 4 months ago - Fresno, CA
FlagLong story short i was told to turn myself in on Dec 14, I did and was released time served. Comes a month later I call the courthouse to start paying my fine and they tell me i have a jail warrent, the damn jailers didnt notify the probation office that i turned myself in so they issue a jail warrent!!! I am extremely pissed, i could get re arrested for something i already thought would be cleared up, I went to the courthouse showed them proof i turned myself in and the lady faxed it to the probation office and said they needed to get a judge to sign it to get it recalled and it should be cleared by the end of the day, but can i trust these people to properly take care of this? What would happen if i got arrested? Would the jailers realise their mistake and release me?
The jail system and the clerks system have two related, but separate systems. I suspect that if you were arrested, they would not recognize their mistake. Given the number of jail releases that are happening In Fresno, it's possible that the paperwork was overlooked. Are you sure you weren't given a new report date or that the warrant isn't regarding a new matter? Keep checking on it, I have seen certain judges refuse to accept a jail release as time served. You may consider contacting your attorney to ensure it was taken care of. Good luck.
If you are on formal probation, then you should be checking in with your probation officer anyway. Make sure you kerp copies of all these records as well as a copy for probation and your attorney. If you are on informal probation, you should have an attorney clear up the warrant issue. The clerks office will likely calendar your matter for a hearing. I've never seen the clerks office recall warrant a warrant without a judges order. If you try and clear it up without an attorney, there is a greater likelihood that your arguments will be ignored and the judge putting you back in jail.
Either you or your attorney should go to the clerk's office a review the file and get a copy of a document that the warrant has been recalled/set aside and give a copy to your probation officer and make sure this matter is now cleared up. Clerk's and jailors sometimes make errors with the paperwork. It's unfortunate, but it does happen.
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