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Deirdre
Deirdre, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience:  16 years experience as a highly successful criminal defense lawyer, many acquittals & dismissals.
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on a domestic case will oregon extradite from fl.for misd.prob

Customer Question

i am on misdemeanor prob in oregon and thinkin about goin home to florida and never comin back to this state.also is there a statute of limmitations on misdemeanor warrants?thank you
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

there would be no statute of limitations once the warrant is issued.

 

when is the probation up and what is it for?

Customer: replied 5 years ago.
Relist: I still need help.
Customer: replied 5 years ago.
prob is for misd.assult 4,misd harrassment
Expert:  Deirdre replied 5 years ago.

Hey there,

 

Unfortunately, if your case goes to warrant status, the warrant does not expire. There is no statute of limitations. But there are some things you can do to avoid getting a warrant assuming you don't already have one.

 

First if you are near the end of your probation, you can simply ask the court to terminate early so that you can move without any concern.

 

Also, many courts will allow you to serve your probation while living in another state, especially if your probation involves a misdemeanor charge and/or if you are on informal probation (i.e., you don't report to a probation officer, but you have to stay out of trouble or else you will be violated). Even if you are on formal probation with monthly reporting requirements, many courts will permit you to transfer your probation if you are otherwise doing what you are supposed to. The way to find out if your probation can be transferred is to ask the lawyer who represented you when you were first placed on probation.

 

If that lawyer is not available, and you are currently reporting to probation, then just ask the probation officer. If s/he says yes, make sure you get it in writing before you move and make sure you keep your probation officer aware of your current address.

 

If the PO does not know or can't make the decision on without the court's approval, then you will need to appear in court and ask the judge to modify the terms of probation so that you can live in Fla.

 

Obviously, if there is already a warrant and/or trouble with your PO and you decide to split, you may ultimately get arrested in Fla. There is no guarantee, but you it is not likely that OR will extradite you from Fla for a misdemeanor. You will sit in jail for several days in Fla while OR thinks it over.

Deirdre, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience: 16 years experience as a highly successful criminal defense lawyer, many acquittals & dismissals.
Deirdre and 5 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
if i am arrested in fl how long does oregon have to decide if they want me back?isnt it only thirty days?
Expert:  Deirdre replied 5 years ago.

I don't know off the top of my head, but I'd be happy to look it up for you once you click "Accept" on my earlier reply.

 

Expert:  Deirdre replied 5 years ago.

According to Code of CRIMINAL PROCEDURE AND CORRECTIONS 941.15 it is up to 30 days. (See below) Good luck.

 

941.15 Commitment to await requisition; bail.--If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under s. 941.06, that the person has fled from justice, the judge must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding 30 days and specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in s. 941.16, or until the accused shall be legally discharged.

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