Can Daughter Escape IL Problems and Move in with Parents in MO
Can Daughter Escape IL Problems and Move in with Parents in MO
our 19 year old daughter moved to IL last year where she has had a string of problems and does not
appear to be able to make it on her own.
For her legal problems, she was first arrested for drug posession and is currently on a probation
program that will expunge here record on completion. She is not supposed to leave the State of IL
without permission from her probation officer. Now, she was just arrested on a DUI charge (alcohol).
All of this along with her financial difficulties has our daughter in a state of dispair that has us
quite worried.
We are going to bring her back home to live with us and help her get back on her feet (which,
hopefully, will be pointed in the right direction).
We are going to try to work out an early release with her probation officer, if possible (the officer
had mentioned this as a possibility in the past). But failing that, can she safely walk away from
this (and the DUI) in IL and start over with us in MO (assuming she doesn't set foot in IL again)?
Thank you,
--name removed--
2 Answers from Attorneys
Re: Can Daughter Escape IL Problems and Move in with Parents in MO
The short answer would appear to be "no". First, she would have to get permission to leave the state by presenting a motion to the judge, and obtaining an Order therefore. Second, I would bet dollars to doughnuts the bond for the DUI has a provision in it prohibiting her from leaving the state. I would have to see it. Third, the State's Attorney might have something to say about all of this; he might want to file a PTR (Petition to Revoke) based on the new arrest
Re: Can Daughter Escape IL Problems and Move in with Parents in MO
I am licensed in both states and have been practicing law for twenty-six years. The answer to your question is definitely "NO!" The points suggested in an earlier reply to your post by Mr. Charles Debra are certainly valid, but there is even more to it than that. If your daughter simply walks away from the pending charge in Illinois, the state's attorney (prosecutor) will seek a court order revoking and forfeiting any bond posted, and a warrant will be issued for her arrest. If she leaves Illinois while still on probation for the prior charge without permission, the probation office may seek to have her probation terminated which may result in her receiving a conviction on the original charge. Again, if she receives a conviction and then fails to do her time or pay her fine and costs, a warrant will be issued for her arrest. These warrants go into at least one of several nation wide data banks. If she is ever pulled over anywhere, or if she is ever checked out by law enforcement authorities, such warrants will show up and she will be taken into custody wherever she is located. Also, will your daughter be attempting to obtain a Missouri driver's license? I believe that there would be a stay order or a hold of some sort on file with the Missouri Department of Revenue so that she would never be able to obtain a Missouri license until her Illinois problems are resolved. Please do whatever you can to help her take care of all of her problems in Illinois in a way which will allow her to move home with you and get her life back together. If you are located anywhere in the greater St. Louis metropolitan area, you may call me for a free telephone consultation at 314-727-2822. If she is not already represented, I may be able to offer my services. In any event, good luck!
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