State failed to appear in compliance hearing

[Tlw63091]

was charged with DUI in Indiana, I live in Missouri. Set up with probation, they said I could do it in Missouri but the MO probation officer rejected it because I didn’t provide a permanent address. Indiana said I had to come back there to meet with probation officer but I had no means. Probation violation sent to court, arrest warrant issued with bond. The last entry in public record reads...”State of Indiana does not appear. Defendant fails to appear on 09/27/17. Court confirms the outstanding bench warrant and takes no further action on the failure to appear this date. Financials to be addressed upon arrest.”. How do I proceed???

 

[quincy]

was charged with DUI in Indiana, I live in Missouri. Set up with probation, they said I could do it in Missouri but the MO probation officer rejected it because I didn’t provide a permanent address. Indiana said I had to come back there to meet with probation officer but I had no means. Probation violation sent to court, arrest warrant issued with bond. The last entry in public record reads...”State of Indiana does not appear. Defendant fails to appear on 09/27/17. Court confirms the outstanding bench warrant and takes no further action on the failure to appear this date. Financials to be addressed upon arrest.”. How do I proceed???

Why didn't you provide Missouri's probation office with your address? Do you have a permanent address in Missouri, or are you homeless (bouncing perhaps from one friend's couch to another)?

Your DUI and your FTA warrant are not going to go away on their own so you will need to find a way to handle them both by either (or both) returning to Indiana as you were told to do, or by hiring an attorney to see what can be worked out for you in Missouri.

Because there is a warrant for your arrest, you can be arrested in Missouri at any time and extradited to Indiana to serve out your original DUI sentence there. Whether extradition is a realistic possibility for you is a question mark (it can depend on how badly Indiana wants you back) but it is best if it doesn't get to the point where you are arrested and sitting in a Missouri jail for up to 30 days waiting to hear your fate.

We have as a forum member an Indiana probation officer. Perhaps "Indiana Filer" will stop by to add some additional information.

 

[Tlw63091]

I was in the middle of switching jobs and moving at the time, had an apt set up but then when the probation officer showed up at the place before I even moved in the landlord decided he didn’t want to rent to me cause I was on probation and he said he didn’t want to deal with it. Took me two weeks to find another place and by that time he sent it back to Indiana. It is non extraditable according to MO... I’m on probation here to for a separate offense... (judge if you like, I’m not proud, just had a year of stupidity). I want to take care of this, just not sure where to start.

 

[FlyingRon]

Absent coming into some understanding with your PO in Indiana, the way to handle it would be to get a lawyer there to investigate and act on your behalf.

There's no point in "the state not appearing" to get worked up about. It's not a get out of jail free card. If neither party shows for an action in court, the judge typically just puts the case back on hold and moves along. Either the state or the defendant will have to do something to cause something to happen. The warrants stay active, etc...

 

[quincy]

I was in the middle of switching jobs and moving at the time, had an apt set up but then when the probation officer showed up at the place before I even moved in the landlord decided he didn’t want to rent to me cause I was on probation and he said he didn’t want to deal with it. Took me two weeks to find another place and by that time he sent it back to Indiana. It is non extraditable according to MO... I’m on probation here to for a separate offense... (judge if you like, I’m not proud, just had a year of stupidity). I want to take care of this, just not sure where to start.

I suggest you speak again to your Missouri probation officer, now that you have an address, and then seek out assistance from an attorney in Indiana for help in handling the warrant.

 

[Indiana Filer]

To address the warrant, you are going to have to come back to Indiana. The Judge is not going to void the warrant without you appearing in Court, due to the PTR being filed. It might be non-extraditable, but you can still get arrested and held in a Missouri jail until the Indiana county notifies Missouri whether or not they want you AT THAT TIME. If Indiana says they are not going to extradite you, you'll get released, but the warrant will still exist. You could get picked up on it again.

You need to contact the probation office in Indiana, and talk to him/her about returning to Indiana, and getting a new Interstate Compact Transfer request filed. You will have to be back in Indiana to do that. If you talk to the PO, they might be able to talk to the Court, and get things arranged for you to come directly to Court to address the issue.

In my county, the prosecutor's office is just a couple minutes walk from the Court. The Prosecutor can show up quickly if needed. The state not appearing at the hearing where you failed to appear is a non-issue.

Contact your Missouri PO, the Indiana county probation department, and the attorney you used for your Indiana case.