Legal Question in Criminal Law in Kentucky

Probation for bad checks in KY. What can happen?

If a person is convicted of writing bad checks (3 felony checks, 2 misdemeanors), that person is given 5 years probation and sentenced to pay checks and court costs, then that person misses some of the scheduled payments, does not make p.o. meetings, and moves to another state, what can happen? Can this person be extradited?


Asked on 8/31/02, 9:00 pm

1 Answer from Attorneys

Jerome Baker Jr Jerome (Jerry) Baker Jr

Re: Probation for bad checks in KY. What can happen?

Yes felony extradition can happen. In all my adventures this is the one behavior of probationers that I have found to be the most distressing. Why anyone would place themselves at risk of prison under these circumstances is beyond my ability to understand. Probation officers will work with people who do not have the money to pay on schedule. But the worst thing a probationer can do to him or herself is to stop reporting to the probation officer. A judge will listen to someone who is having a difficult time paying due to poverty. There are not many excuses for not reporting. If you drop out of sight on a P.O. your begging to go to prison. I have yet to see a probation arrangement where someone is not allowed to transfer probation from one state to another. But disappearing from sight of the probation officer leaves the officer with no choice but to report that to the judge eventually. As a last resort of prosecuters who seek to revoke probation; they will point to the condition of probation that requires an individual to maintain some sort of employment. If you are having money problems you are probably not complying with that condition. And in doing so you are making it easy for them to revoke your probation. Probation is a matter of government grace which sometimes people do not understand. You are in custody outside of the prison walls. They do not have to leave you outside if you break the probation agreement. To help yourself you need to contact your attorney, make whatever "catch up" payments you can make, let the P.O. know your current residence address, get your probation transferred to the new state of residence, and make sure you are employed. Or you can refuse to do any of this and go to prison when it is really not necessary. Good Luck. Once you are on probation it is essential that you color inside the lines. If you don't you are breaking into prison. Those are your choices. What happens now is entirely up to you.

Have a nice day.

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Answered on 9/01/02, 4:00 am


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