Commonwealth v. TappAnnotate this Case
Defendant entered a guilty plea to several drug offenses and was sentenced to one year in prison, probated for one year. Defendant was subsequently cited for a traffic violation. On January 31, 2013, the circuit court served a bench warrant for Defendant’s arrest. On February 12, 2013, at the probation hearing, Defendant argued that the circuit court lacked jurisdiction to hear the matter because his probationary period expired on February 2, 2013. In response, the Commonwealth argued that the warrant issued by the court tolled the expiration period. The circuit court found that it retained jurisdiction and revoked Defendant’s probation. The court of appeals reversed, concluding that the warrant expired when served, and therefore, the circuit court lacked jurisdiction. The Supreme Court affirmed, holding (1) a warrant remains “pending” until the defendant is brought before the court, at which time the court may extend the probationary period for a reasonable time until a revocation hearing can be held; and (2) because Defendant’s probationary period was not extended, the court lost jurisdiction to revoke his probation.