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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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id theft charge

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I am looking to get a inexpensive attorney to help get my brother out of jail. He has a id theft charge pending out of Ft. collins Colorado. At his last court hearing he was given permission to travel to go to MI to see his son and had to be back for sentencing on May 14th. Instead he came to my house in TX cause he had no where to live or go in CO or MI and his ex refused to let him see his son so he had to set up a court date for that and wait. His old PO officer called me and decided to put a warrant out for his arrest because he came here instead of MI. He is currently sitting in the Wichita Falls Texas jail waiting to be transported back to CO. There is no bond/bail for him currently at this time. What can I do at this time to possibly get the warrant lifted and get a lesser charge for him instead of 2 yrs in prison for being a accomplice to ID theft. Is there anything I can do before he is transported back to CO?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 5 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney and member of the American Bar Association and I believe I can give you some guidance.

 

Your main question seems to be this: "Is there anything I can do before he is transported back to CO?"

 

Unfortunately, the answer is one you probably do not want to hear and that answer is "no". Your brother is on the arrest warrant detainer out of Colorado and, because of this, nothing can be done in Texas aside from fight extradition to Colorado. Fighting extradition would be a losing battle because Colorado seems to have had the right to issue the warrant and, unless there is a case of mistaken identity, extradition would be wholly legal.

 

Nothing can be done in Texas about the charges or the warrant because both the charges, and the warrant, precipitate from the state of Colorado. Hiring an attorney in Texas, at this juncture, would be futile and, potentially, a waste of a good amount of money if you hire an attorney who is willing to file frivilous motions.

 

I know this isn't the answer you were hoping for, but I hope you have found it helpful. Please, click "Accept" if you have found my answer helpful so I may be given credit for my response. Good luck to you and your brother!!!

Customer: replied 5 years ago.
If I get an attroney out of colorado though would they be able to get the warrant lifted on monday before he gets transported back up to co or would we have to wait til hes back in there jails? And what about getting him a lower sentencing charge for being an accomplice to ID Theft instead of him getting 2 yrs in prison.
Expert:  A.S.B., Esq. replied 5 years ago.
The warrant cannot be lift by an out of state judge. Therefore, your brother will have to wait until he is back in Colorado and in front of a state judge there. As far as getting yoru brother a lower sentence: yes, a good Colorado lawyer would be of great assistance to your brother and, from the sounds of it, may very well be able to negotiate a different sentence with the District Attorney. But, again, nothing can be taken care of until your brother is present in the Colorado court of jurisdiction.
Customer: replied 5 years ago.
Can the judge who issued the warrant release the warrant before he goes back to co if he wants? My brother filed a motion to have the warrant released but was picked up before the judge could make a decision. So if the judge decided based on his circumstances could he release the warrant since he is the one who issued it and get out of jail.
Expert:  A.S.B., Esq. replied 5 years ago.

While it is possible it is not probable. It is highly unlikely a judge will consider releasing a warrant on an individual who, at least in the eyes of of his probation officer, broke a condition placed upon him by the state. Of course, your brother's circumstances may be simpathetic enough to warrant consideration by a judge, it is my experience telling me the circumstances will not matter and a judge, hardened by years of the system, will simply reject such a motion.

 

So sorry to be the answer man with unfortunately answers.

 

I will say this. Hire an attorney on your brother's behalf and have that attorney argue the motion. But only do so with a realistic view of the situation and only do so if you have the money to spare.

 

Again, good luck to you! I hope your brother finds himself out of jail in the near future. And don't forget to click "Accept", otherwise I do not get credit for the advice I am offering. Thank you again!!!

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
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