bklcomputing
Junior Member
What is the name of your state?What is the name of your state?New York and Nevada
I am currently on Federal probation in New York. When I was arrested in Nevada for the crime I am now serving 2 years of probation for, a new charge was issued for having a false ID. I appeared one time in regards to this charge in a State of Nevada courtroom. Subsequently, I was extradited to NY for the federal charge. My failure to appear on the next hearing date prompted the Nevada court to issue a bench warrant. Now, my Federal Probation Officer (FPO) has directed me to make travel arrangment and return to Nevada to answer this warrant. If I have not done so in 30 days, the FPO says that I will be in Violation of the Conditions of my probation.
My question is simple. Does my FPO have the authority to demand that I deal with a State issued bench warrant while I am on Federal probation?
To help you answer this, consider the following points:
1. The Federal Prosecutor could have taken over this charge (for false ID) and dealt with it at the Federal level - But this never happened.
2. The State of Nevada never issued a hold or detainer on me while I was in Federal custody. At sentencing, the judge gave me time served (8 months), put me on probation (for 2 years) and released me.
3. The day I was released I reported to my FPO where I was read, had to agree to, and had to sign a statement containing the Conditions of my Probation. In these conditions, there is no mention whatsoever of having to deal with the open bench warrant. In fact, the open bench warrant is completely ignored.
In light of the above 3 points, I have no intention of complying with the directive of my FPO unless a judge orders me to do so or the State of Nevada takes concrete steps for my return. I need to know if my thinking on this is correct, or if Federal probation has powers far beyond what I think they should have.
If anyone has experience with this, your help would be greatly appreciated.
I am currently on Federal probation in New York. When I was arrested in Nevada for the crime I am now serving 2 years of probation for, a new charge was issued for having a false ID. I appeared one time in regards to this charge in a State of Nevada courtroom. Subsequently, I was extradited to NY for the federal charge. My failure to appear on the next hearing date prompted the Nevada court to issue a bench warrant. Now, my Federal Probation Officer (FPO) has directed me to make travel arrangment and return to Nevada to answer this warrant. If I have not done so in 30 days, the FPO says that I will be in Violation of the Conditions of my probation.
My question is simple. Does my FPO have the authority to demand that I deal with a State issued bench warrant while I am on Federal probation?
To help you answer this, consider the following points:
1. The Federal Prosecutor could have taken over this charge (for false ID) and dealt with it at the Federal level - But this never happened.
2. The State of Nevada never issued a hold or detainer on me while I was in Federal custody. At sentencing, the judge gave me time served (8 months), put me on probation (for 2 years) and released me.
3. The day I was released I reported to my FPO where I was read, had to agree to, and had to sign a statement containing the Conditions of my Probation. In these conditions, there is no mention whatsoever of having to deal with the open bench warrant. In fact, the open bench warrant is completely ignored.
In light of the above 3 points, I have no intention of complying with the directive of my FPO unless a judge orders me to do so or the State of Nevada takes concrete steps for my return. I need to know if my thinking on this is correct, or if Federal probation has powers far beyond what I think they should have.
If anyone has experience with this, your help would be greatly appreciated.