(See GN 02613.025B.1. for additional information on situations where dismissal of criminal charges on the
warrant establish mandatory good cause.)
Criminal charges are satisfied by the individual going to trial for their criminal
charges and the court determining if the individual is guilty or innocent of the criminal
charges. Satisfying a warrant does not satisfy the charges outlined in the warrant.
For example, SSA received notification that a beneficiary has an unsatisfied felony
warrant and SSA suspended their Title II benefits. The police arrest an individual
on a felony warrant for robbery. A judge releases the individual with a $10,000 bond
and sets a court date in the future. The individual's warrant has been satisfied (fugitive
suspension no longer applies), but their charges remain unsatisfied in the judicial
system until a trial takes place and a judge or jury decides on guilt or innocence,
a plea agreement is arranged, or the charges are dropped by the prosecutor. In this
same example, if the individual with the $10,000 bond flees and does not appear at
trial, a separate warrant for “Failure to Appear” would be issued for their arrest
(fugitive felon suspension applies).
Warrants issued for probation or parole violations are generally complaints issued
by the probation or parole office that is in charge of the probationer or parolee
while they are on probation or parole. The charges on a probation or parole violation
warrant can be due to a criminal (e.g., committing another felony crime while on probation
or parole) or technical (e.g., a probationer or parolee changes their address without
notifying their probation or parole officer and the officer cannot locate the probationer
or parolee because of this change of residence) violation of probation or parole.
Some types of charges for probation or parole warrants in which a probation or parole
office will sign a complaint for an arrest warrant for a violation of the probation
or parole include: parolee or probationer is caught with possession of a deadly weapon;
a parolee or probationer is charged with committing a felony or a crime of violence;
or a parolee or probationer charged with a misdemeanor assault involving a deadly
weapon or resulting in serious bodily injury to the victim; or a sexual assault against
a victim; a probationer or parolee who refuses to submit to random chemical testing
to determine the presence of drugs or alcohol or other intoxicants; refusal to allow
a search of their person, residence premises under their control or vehicle under
their control; absconding (fleeing) from supervision; or failure to make an initial
report to the Community parole or probation officer upon release to parole or probation
supervisor. Warrants issued for violations of probation or parole cause the individual
to be arrested and held until an investigation of the violation of probation or parole
is conducted by the probation or parole officer in charge of the probationer or parolee.
If the probation or parole violation charges are severe, the probation or parole office
will issue a summons for the probationer or parole to go before the Probation or Parole
Board for a revocation hearing to determine if the individual’s probation or parole
should be revoked and the individual returned to prison to serve their original criminal
sentence.
CAUTION: The satisfaction of a warrant is separate and distinct from the satisfaction of the
charges outlined in the warrant. The period of time from the date the warrant is issued
or 1/1/2005 or the date of entitlement to Title II benefits, whichever date is later,
until the date the warrant is satisfied is a period of fugitive felon or probation
or parole violator suspension.