"Louis Cipher" <nonesuch@nonesuch.com> wrote in message news:<5h24d.574$nj.14@newssvr13.news.prodigy.com>...
I'm currently living in California. I was convicted of a DUI and put on
probation in Maryland. It was my second DUI charge. I got two years
probation for it.
I told my probation officer I was leaving for California and she gave me
some slips to send back once a month along with A.A. slips that I got at
meetings. I did this for 7 months but then tapered off after not hearing
anything from her. Then I came back from vacation to find a number of
threatening messages from her and a letter.
The letter states:
It is hereby ORDERED by the District Court of Maryland for Montgomery County
that the above named Defendant be and hereby is directed to appear before
the District Court shown above on --date---
to show cause why this Court should no find him/her to have Failed to follow
the conditions of a Court Order, to wit:
Failing to report as directed and follow Supervisor's lawful instructions.
Failing to complete community service.
Failing to attend self-help groups.
At the bottom it tells me of my right to a lawyer.
My questions are: Do I have to return in person to take care of this?
What would happen if I did nothing?
BTW I still have a MD driving licence as the DMV blocked me from getting a
California one.
TIA,
Louis
Maryland DPPS has a graduated response system, which you were probably
made aware of when you went on probation. If not, you can read about
it on DPPS's Web site. In this system, a summons and order to show
cause is the most serious response DPPS will take; and if they do
this, there is a strong chance that they will revoke probation, which
would expose you to arrest, extradition, and sentencing.
Maryland has been known to go after probation violators who have left
the state. A well-publicized case was that of Tieray Jones, who moved
to California in April 2001, blew off his probation for misdemeanor
drug possession, and was arrested and returned to Maryland in November
2002. In a plea bargain, he got 90 days, with the remainder of a
two-year sentence suspended. See
http://www.signonsandiego.com/news/metro/20030203-1622-missingboy.html
It should go without saying that you need an attorney in Maryland who
has experience in probation violation cases. Your attorney will tell
you whether it is advisable to return to Maryland in order to appear
in person. You should obtain the services of such an attorney at once,
and discuss the matter with nobody else. Good luck, you'll need it.
--
Not a lawyer,
Chris Green
