Maybe you were placed on misdemeanor probation for a DUI offense. You later find out that you are an “absconder” because you had to move to a different county to secure a job. What exactly is absconding probation, and is it bad?
Absconding probation basically means that the court overseeing your probation does not know your whereabouts. You typically abscond when you:
- move out of the county in which you were convicted of a crime, and
- do so without telling your probation officer or the court overseeing your probation.
If you are found to be an absconder, it often means that you are in violation of your probation. This could result in a probation violation hearing and a possible probation revocation.
1. What is absconding probation?
Absconding probation is when you leave the jurisdiction of the court overseeing your probation and do so without the court’s or probation officer’s permission.1
In absconding cases, the court essentially does not know your whereabouts.
There are several reasons why a person may abscond. For example, you may move out of a county because you:
- are unaware that you cannot do so,
- need to because of your job,
- are forced to in order to take care of a family member, or
- directly intend to evade the court process or a law enforcement agency.
Note that a person can abscond for both misdemeanor and felony probation. Further, you can abscond from either parole supervision or probation.
2. What happens if you abscond?
The criminal laws of most states say that the court will take a certain amount of time to try and locate the absconder (for example, 30 days).2
The court may try to find your whereabouts by:
- contacting your family, friends, and any other contacts known by the court or your probation officer,
- contacting your criminal defense attorney,
- contacting your landlord, neighbors, or employer,
- checking county jails to see if you are in custody, and/or
- mailing you a letter to the last known address requesting an immediate face-to-face meeting.3
If, after reasonable efforts, the court cannot locate you within the given time period, then the state can issue an “absconder warrant.” An absconder warrant authorizes law enforcement personnel to arrest you and bring you to court.4
3. Is absconding a violation of probation?
Most often, yes. Once you are placed on probation, you are required to adhere to whatever terms and conditions of probation that a judge imposes.
Examples of these conditions include:
- submitting to random drug tests,
- regular meetings with your probation officer/supervising officer or the court, and/or
- performing community service hours.
Further, a common probation condition is that you cannot leave the county in which you reside without the consent of your probation officer or the court. This means that absconding will typically result in a technical violation of your probation.
4. Will absconding result in a probation violation hearing?
Most often, yes. In cases of a probation violation, the judge overseeing the case will usually hold a probation violation hearing (sometimes referred to as a revocation hearing). The purpose of the hearing is to:
- determine if you did in fact commit an alleged violation, and
- if so, what punishment (if any) should be imposed.5
During the hearing, a prosecutor has the burden of showing that you violated a term or condition of your probation. If you did violate your probation, your defense lawyer can highlight any mitigating factors regarding the violation.
For example, your defense counsel might highlight that you absconded because of a job or the care of a loved one as opposed to a direct attempt to avoid the court.
At the conclusion of the hearing, the judge can take any of the following actions:
- reinstate your probation with the original terms and conditions that the court imposed,
- modify the conditions of your probation with new, stricter terms, or
- revoke your probation and place you in custody to complete your jail time or prison sentence.6
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Abscond.”
- See, for example, Fifth Judicial District, Department of Correctional Services, Policy and Procedural Manual.
- See same.
- See, for example, Florida Statutes 944.405.
- See, for example, California law – Penal Code 1203.2 PC.
- See, for example, Arizona Rules of Criminal Procedure 27.8(c).
