Enlistment and non-reporting probation?
Reporting probation, no you cannot join until 30 days after completeing your probation time. Nonreporting probation, that is a case by case situation. 4–37. Unsupervised probation a. Applicant may enlist if currently on unsupervised probation for certain nonviolent offenses and provided the individual has no restriction of movement, has paid all fines, and has completed all others conditions (such as community service or restitution), and no further court action is pending or contemplated. b. The offenses that apply to this rule are the following: (1) All minor traffic offenses as listed in para 4–8. (2) Certain typical minor nontraffic offenses, as listed in para 4–9. These offenses are limited to: (a) Curfew violation. (b) Damaging road signs. (c) Disorderly conduct (original charge); creating a disturbance; boisterous conduct. (d) Dumping refuse near a highway. (e) Jumping a turnstile (to include those States that adjudicate jumping a turnstile as petty larceny). (f) Juvenile adjudications (beyond parental control), incorrigible, runaway, truant, or wayward. (g) Littering. (h) Loitering. (i) Purchase, possession, or consumption of alcoholic beverages or tobacco products by a minor. (j) Robbing an orchard. (k) Vagrancy. (l) Violation of fireworks law. (m) Violation of fish and game laws. (n) Violation of leash laws.
What happens if you violate probation?
As with any questions regarding law, what may happen will depend on several factors, including the jurisdiction, and the particular probation officer. If you violate the conditions of probation, the probation officer can file an affidavit alleging a violation. A warrant may be issued and you might be arrested, or you might just be given a court date. The State may decide to proceed in proving you willfully violated the alleged conditions of probation (unless you admit to the violations), and if proven or admitted, the Court can violate you. Your sentence will depend on several factors, including the type of sentence you originally received when you were placed on probation, and the sentencing guidelines applicable to you. You might be able to be sentenced up to the maximum sentence for the offense you are currently on probation for. Or, the incarcerative sentence may have been suspended pending the successful completion of your probation, and that sentence might be imposed. Or, it might be possible to simply have your probation reinstated.It's best to consult with an attorney to discuss case specific facts, and the law applicable to you.
U.S. State Law: If you have a misdemeanor warrant in Nevada and are arrested in California, will you be held so Nevada can come get you?
Most people believe that someone can be extradited only on a felony-level charge. This is not true. The only practical barrier to extradition is whether the jurisdiction holding the warrant wants to pay the expenses to bring you back. In the 1990s, the Sparks Municipal Court would send their marshals (court officers) to neighboring states to bring people back on warrants for DUI and domestic violence. The marshal would drive a marked vehicle to wherever in California, Utah, Arizona, Idaho or Oregon the wanted person was being held for pickup, stuff the fugitive into the prisoner cage, and drive them back. That had to be one long ride--especially since the prisoner would be in shackles the whole way. This is the exception. Most jurisdictions won't go ten feet outside of their borders to retrieve you. When I was a cop on Reno in the 1980s and 1990s, the city wouldn't send us into neighboring Sparks to retrieve someone wanted on a misdemeanor Reno warrant. The city has its own court marshals now, so I expect they will go to a little more trouble than they used to. If you ever get a ticket from the Nevada Highway Patrol, make sure you pay it if you plan on staying in or returning to Nevada. The NHP will transport anyone from any point in Nevada to any other point in Nevada to answer to a warrant generated from an unpaid NHP ticket. I know of a young man who received a $5 "fuel wasting" ticket (given when Nevada had a statewide 55 MPH speed limit if you were clocked between 56-70 MPH) in Nye County, NV. Nye County is full of desert, sagebrush, and a lot of government land, including much of the Nevada Test Site. Instead of paying the $5, he blew it off. The young man came through our court on an unrelated matter, and I held him for the NHP. When the trooper showed up, he told me he was going to drive him out to Fernley (about 30 miles east of Reno), where another trooper would meet him and take the kid to Fallon, then another would take him to Hawthorne, and so on until he got to Tonopah, the county seat. There, the prisoner would be booked into jail to await his court hearing. When the charge was disposed of, he had to find his own way back.
Does a misdemeanor go away? How long does it take?
How long do you have to list it might be a better question. They don't go away. After a certain period of time they are simply not relevant. A misdemeanor a year ago is certainly more ‘serious' than that exact same misdemeanor ten years ago.How long does it need to keep being brought up? That depends on a particular job and its requirements and how the question is asked. But it's always there unless dismissed or expunged or pardoned if someone wants to dig that far and deep into the past.
What are the chances of a first time felony offender going to jail?
It is going to depend on a number of things: the type of crime, the way in which the crime was committed, the circumstances of the crime, and the offender's past criminal history. Let's say you broke into someone's home and stole over $250 worth of their belongings (that makes it a felony). If you did it because a bully said he would hurt your mother if you didn't get him the stuff is a more compelling reason than if you did it to get money to buy more video games for yourself and some good weed. If this was your 3rd time getting caught doing this type of thing, that ups your chances at serving time. If you broke into someone's home and found there were some kids in it with a babysitter and you terrorized everyone, that's not going to go well in court. So you see your intentions and your actions, along with your past criminal history, will be the deciding factor on whether the judge sees jail in your future. You get points on a sentencing sheet for all these different things. Rack up so many points and it's off to the slammer for you. A sentence of under a year is served in the county jail. A sentence of over a year is served in a state prison. Generally. Every state has their own rules, but that's the way it usually goes. Some crimes have a jail sentence no matter what. Gun laws in Massachusetts for example have an automatic, no getting out of it, jail sentence if the crime was committed with a gun. First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don't have to serve the jail time as long as you do your probation and pay the fines. If you screw up, you will be put in jail to serve the original sentence.