Q: My son violated his probation and has a warrant for his arrest (misunderstanding for incorrect court date). My son wasn’t home and I didn’t want to open so the police started walking to my back yard and looking trough my windows. Can the police just come in to my backyard without being invited in and can they look into my house from the privacy of the back of my home?
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/my-son-violated-his-probation-and-has-a-warrant-fo-2082335.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Answered .
To answer the second part of your question first, yes. When someone is on probation they are subject to report to their PO at any time of day or night and even to have their home searched. And if someone who is not on probation allows a probationer to reside n their home then they have, by permitting the probation to live there, subjected their home to the same (although there are limits – for example only the probationer’s room and common areas can be lawfully searched).
That said your son should surrender in court with his lawyer first thing this morning, and the bottom line with warrants is that they suck (well that and that oftentimes they end up in untimely and inconvenient incarceration). When it comes to the subject of warrants, anyone anywhere who has knowledge of the existence of the warrant has 2 choices: Either they can deal with it proactively, in an offensive manner or they can live day to day, waiting until it is ultimately served, and then play catch-up (defense).
In this light warrants can be likened to cancer. If it exists (whether it is a warrant or cancer) then you have a problem. You can either choose to deal with the problem and hope for the best or you can wait for the problem to deal with you in its own natural fashion. In the former event it may or may not work out favorably for you, but, in the case of a warrant, at least the State and the Judge will have to acknowledge that you voluntarily chose to bring the matter to them (which is an undeniable fact that even an inexperienced lawyer should be able to use your advantage during the pendency of your case). In the later event, however, just as with cancer, the longer that you choose to wait (whether in denial, self-pity or simply because you are lost in hope, desperation and prayer that it’ll heal itself / go away) then more time that it has to metasticize and destroy you from within.
Your son may well have defenses to his charges, I don’t know. What I do know is that right, wrong or indifferent that the warrant is a veritable cancer which will almost surely prejudice him, whether with the Court, the State or both, sometime down the legal pike.
I hope that I have been helpful in answering your question.
And if your son’s lawyer isn’t making time for his client and is failing to effectively dealing with his client’s legal issues that you should consider both discharging her/him and reporting her/him to the Florida Bar. The Bar does not sit idle at allow attorney’s to act in such an unethical and unprofessional manner.
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