Violated probation and need help

Last year I was charged with petty theft and tresspassing, 2 misdemeanors that were dropped from felonys. My original case was burglary and grand theft, however I hired an attorney and got my case dropped. They sentenced me to 18 months probation, 100 hrs community service, an impulse control class, and around $700 in fines. I didn't take care of any of it and now have a warrant out for my arrest for burglary.

I really don't know what to do, I just want to get my situation taken care of. I shouldn't be charged with burglary because I didn't break into the place and I only took a 12 pack of beer. If I can get any kind of legal advice I would very much appreciate it.

An attorney could help drop the warrant. The attorney could file a motion to set aside or more appropriately for relief from the operation of the order based upon res judicata or adjudicata not sure how its spelled and because its an expost facto law contrary to the constitution Article I, sec. 9 [3] and because of its super lateness and settled facts.

I think it's a bit off to think that after a final judgment is issued that the charge would be instituted. The case is res judicata, meaning already settled. To issue an expost facto order after the case has been settled is not really legal, expost facto meaning an order or law initiated in contradiction after the fact.

Not certain if they are calling the failure to pay the fines the burglary but if so to set aside an order you must have the following surprise, mistake, excusable neglect, inadvertance or any other reason justifying relief from the operation of the judgment. i.e. lack of money, employment problems, job conflicts and no time for community service or class but "due diligence effort" and need for an extension of time. A motion for extension of time goes a long way in addition. Attorneys can help with that.

If you go into court your probably going to get arrested. An attorney could have grounds to ask for a "continuance" or "time" or to "set aside" or for "relief from the order". An honest apology, commitment and promise to conform goes a long way. Good luck my friend.

While this posting is from last year, I am stunned at the incorrect information contained herein.

Ex post facto laws have nothing to do with cases like this. Ex post facto laws generally deal with a defendant being charged with a crime that wasn't a crime at the time it was committed. And, when new laws are passed making a particular action a crime, it is unlawful to come back to the defendant after his trial and add more charges against him for something that wasn't a crime at the time his actions were committed.
A law may have an ex post facto effect without being technically ex post facto. For example, when a law repeals a previous law, the repealed legislation no longer applies to the situations it once did, even if such situations arose before the law was repealed. What does that have to do with the fact he violated the terms of his plea bargain and a warrant was issued for that violation?

He isn't being arrested for charges he pled down, a case that had been settled out of court. The TERMS of this type of plea are that if he violates the agreement, the original charges are brought against him. HE violated the terms of the agreement and the warrant is for doing so---and in turn, he faces the original charges---NOT because the courts changed their mind, or added information/charges to him, but because the POSTER changed the terms of the agreement by failing to keep his end of the plea.

There is no 'super lateness'---the warrant is as a result of HIS actions AFTER the case was settled. Also, an attorney cannot ask for a warrant to be 'set aside', especially when it is for contempt ( failure to follow a court order). Also, the defendant is going to have a hard time proving extenuating circumstances ( job loss, 'I'm doing the best I can, Judge") when he admits he "didn't take care of ANY of it"--which demonstrates to the court a frivolous view of what he has done--hence, the resulting charges.


Nice (albeit incorrect) usage of Latin words and misapplication of the law, though, dude.