Penalties for Absconding in California: Rules and Consequences Explained

Introduction

Absconding, or the act of leaving without permission, is a serious offense in California, especially for parolees and those on probation. Understanding the legal consequences is crucial for anyone dealing with these situations. This article explores the penalties for absconding in California, based on firsthand accounts shared through Quora.

Understanding Absconding in California

According to various sources, the legal repercussions for absconding in California can vary depending on the circumstances and the individual’s prior criminal history. For those with an approved travel permit, the usual penalty is a lecture and a warning, as long as there is a reasonable excuse. However, if someone absconds without permission and without a legitimate reason, more severe consequences can follow.

Penalties Without Permission

If an individual absconds without official permission and without a reasonable excuse, a warrant for their arrest may be issued after a month or two. This warrant can restrict the person's ability to receive social security payments or refunds, and they may even be extradited back to California to serve their sentence. If they stay out of trouble and never get caught, the warrant is tied to their social security number, making it easier for law enforcement to locate them upon return.

Probation and Parole Violations

For those on probation or parole, a violation of these rules can have even more severe consequences. If the individual absconds multiple times, their probation or parole may be revoked. Those on post-prison supervision may face 1-30 days in jail. There are no definitive times for parole violations, as the decision is left to the parole board.

Potential Long-Term Consequences

Retired criminal defense attorney shares insights suggesting that, in rare cases, an individual may be discharged after coming forward. However, this is not recommended, as it can lead to immediate arrest and a longer sentence without bail. The article emphasizes the importance of leaving the country if possible, particularly to a country that has no extradition agreement with the United States, such as Cuba.

Legal Recommendations

According to the source, absconding can lead to an arrest warrant, followed by transport back to California for trial, with no bail and no probation. Parolees who abscond are treated strictly, with no good time or work time credited. In severe cases, the time given by the board is "flat," meaning the individual has to serve the full sentence.

Conclusion

Absconding in California is a significant offense that can result in severe penalties, including arrest, extradition, and longer sentences. It is crucial for individuals with parole or probation to adhere to the rules and seek legal advice if facing the possibility of absconding. While there are instances where individuals have managed to turn themselves in and avoid harsh penalties, the risks are generally quite high.

It is always advisable to comply with legal obligations and seek professional advice to navigate these complex situations.