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Is probation violation an extraditable offense? What if I miss a court date, and a bench warrant is put out for me?

San Diego, CA |

If I am looking for housing out of the county and miss either a court date or an appointment with my PO (pled guilty to misdemeanor offenses), are these extraditable offenses?

Also, if I am found guilty of probation violation, can I just request to serve the remainder of my sentence (6 months in jail) consecutively with the 3 months penalty of probation violation? The probation is turning out to be way too expensive, and I simply cannot afford it.

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Attorney answers 4


Do you have a PO with a misdemeanor plea? If so, it is a likely a serious misdemeanor.

You can always make a request to serve jail time. The courts usually understand the situation.

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


There are so many variables in the question you pose, that it's difficult to give you a definitive answer. It is most unusual, especially these days, for a misdemeanant to be on formal probation. I agree with the previous answer that if you are, than it must have been either a very serious or unusual misdemeanor conviction.
That being said:
If you miss a court date, the court will issue a bench warrant. Generally for a misdemeanor warrant, they aren't going to come knocking down your door - nor will the state spend the money to extradite you from another state. GENERALLY. They will however, see the warrant if you are stopped for a traffic matter or apply for a job, an apartment, etc.
If you miss an appointment with your probation officer, she can also refer the matter to court to schedule an Order to Show Cause (OSC) hearing. If you fail to appear at that - well, see above.
I don't know your circumstances or the details of the crime, but wouldn't it be better to work with your P.O. regarding conditions you think are too difficult? Failing that, you can always go into court yourself and ask the court to help you in whatever difficulty you are having with your conditions. If it's just about money, there are several ways around that.
If you end up putting yourself on calendar, be sure to ask if there is a Deputy Public Defender there who can help you in your petition to the court.
Good Luck.


The max sentence for the offense is the maximum that can be imposed for a violation. There is no additional time for the violation itself. A violation is NOT a separate offense.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.


Start by asking your attorney who should (key word) be much more familiar with the case specific facts of your formal misdemeanor case than strangers on the internet.

You can always ask the court to revoke and deny probation and sentence you to the max permitted under the terms of your conviction(s).

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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