Legal Question in Criminal Law in California

Im a dutch citizen living in the states and have a 20 yr old daughter who recently had some problems with the law (drug charges), she has to do prop 36 for 120 days. I am seriously thinking of moving back to Holland with her, what would happen if we would go before she finishes this program?


Asked on 5/17/12, 12:15 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Your daughter may (or, almost certainly will) have a problem if she ever wants to re-enter the US to live or visit ... not at all worth the risk, in my opinion. Why not just stay (or have her stay) until she finishes her program and all obligations to the court? Prop 36 is a gift in my view, a great chance and 4 months, and potentially (hopefully) helpful treatment (if needed.) Why ditch it? I don't understand why anyone would consider that, so (I'm sure) there are undoubtedly some facts missing. Either way, I don't recommend it. Dodging out on court obligations never is a good idea ... has a way of catching up to bite the dodger in the buttocks. Good luck!

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Answered on 5/17/12, 3:16 pm
Terry A. Nelson Nelson & Lawless

For her failure to complete the terms of her sentencing and the probation violation she would be committing, the court would issue an arrest warrant for her. If caught, she would face return to prison or jail to serve the full remaining term of her original sentence. She would never be able to return to US without arrest, and it would show on any background check, even in Europe or elsewhere.

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Answered on 5/17/12, 3:47 pm


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