If someone absconds from probation (fails to report or flees a jurisdiction where probation has been imposed), usually there is a bond set by a Superior Court judge at the time the person absconded. If the absconder turns himself in without prior preparations, that bond will be imposed upon him and there’s nothing a magistrate or district court judge can do to lift it.
If you can afford to do so, contact a Wake County lawyer or Raleigh lawyer before you surrender an absconder. The lawyer can find out the bond amount. The lawyer may be able to talk to the District Attorney to discuss the matter and try to get the bond lifted. The lawyer more importantly can talk to the probation officer about when and how to surrender your husband.
I’ve had cases where I wasn’t able to get the bond reduced or lifted, but I was able to schedule my client’s surrender so that the person only spent a very short time in jail (rather than weeks and weeks) and so that the probation officer was prepared to have the hearing quickly so that my client could return to his life following termination of the probation.
It’s good that than an absconder has remained in contact with probation. It’s also important for the absconder complete all other aspects of his probation requirements so that when he does surrender himself, you have a a better chance at termination and not revocation.
If the absconder returns to the jurisdiction, he or she may be able to either have the probation restored, have the probation terminated successfully, or have the probation terminated unsuccessfully.
