Criminal Law/Leaving the country while on probation.
Expert: Robin Sexton - 6/23/2008
QuestionHi, Robin.
I found your website through google searching on some laws and found it very helpful.
Im sorta in a sticky situation.
Couple years ago I got into some trouble in Florida. I was put in a program called drug court to run concurrent with my state probation.
I failed a drug test, and decide I couldnt handle it anymore.
In about 12 hrs i got on a plane and left back to my country, in Brasil.
I have a year suspended sentence upon my completion, which im aware id have to do. As well as the absconding charge im assuming, which i wanted to know what the sentence for is. I know its case by case but maybe the normal sentence for that specific charge.
Also, since I left, ive heard from everyone that my probation officer is hacking the sites i go into and all of tht to try to get an adress to supposebly send interpol to get me.
My main questions are, hed never talk to anyone usually about cases and what its going to happen to people, my judge usually doesnt like to either, she says she respects the rights we have not to talk about it.
Does my probation officer have the right to freely talk about my case with others when im not even present? does that violate any of my rights?
And what r the chances of interpol or whoever has the authority of actually caring enough to try to get me?
I have a couple of posession of controlled substance charges which is my felony, then a posession of marijuana and a dui. Im not a dealer, nor did i kill anyone.
Im justa teenager who didnt think things through and im tryin to see if its best to jus stay around here or what can i do to make things better. Im probably going to lose my residency and i didnt want it to affect my mother;
AnswerMariana,
You have some issues don't you ? Your drug conviction does not appear to be a serious matter as you were sentenced via drug court, indicates a relatively minor charge. You did compound the problem further by taking off. So much for the obvious. Your Parole officer can pretty much talk to anyone they want about you, your conviction and status. Except for some personal information everything is public record. Although your charges now, absconding, is probably a felony I seriously doubt Interpol will be kicking down your door. I would need to review some international treaties but i don't think the probability of the US extraditing a citizen of Brazil back for a minor drug charge is worth anyones time. Concurrently if you tried to reenter the US you would either be denied or arrested and then deported.
Options, like you said the judge can not discuss your case or make promises outside of court. Your best alternative if you want to resolve this is to contact an attorney in the area of where you were on probation to intercede on your behalf with the court and Immigrations and Customs. Work out as many details as you can through the attorney. Your attorney and the prosecutor can then meet with the judge and discuss issues.
Good luck
Robin