How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 971
Experience:  Licensed to practice law in California
19551178
Type Your Criminal Law Question Here...
California Lawyer is online now
A new question is answered every 9 seconds

I was convicted of GTA in 2004 in CA and sentenced to 16

Customer Question

I was convicted of GTA in 2004 in "CA" and sentenced to 16 months in State Prison. While in prison I was served with a detainer our of Maricopa Co AZ on 12-08-2004 for Grand theft auto, and a Detainer from Thurston County WA. I waived extradition on both detainers.

When I paroled from CA DOC I was extradited to WA to face my charge up there.

The AZ detainer for GTA was never mentioned again. I completed parole in 2007 and have had no legal problems since getting my life straight. I am now married and a small bus. owner

I was just informed today that I STILL have an active warranty out of AZ for the GTA case back in 2004.
I am fairly familiar with The Interstate Compact] on Detainers Cal Penal Code Sect. 1389
Specifically art III (a)
"he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment"
Submitted: 7 years ago.
Category: Criminal Law
Expert:  California Lawyer replied 7 years ago.
If your question is "are they coming for me" then the answer is unknown. It is a question of will. Warrants don't expire and my read of what you cited is that unless you notified them of your location while imprisoned, the clock is still ticking.

My understanding of this is that this would permit an extradition hold on you while you were incarcerated.   Once released ou can still be brought before the jurisdiction of the AZ courts if they can effect such reach.
California Lawyer and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Yes I am aware of that, I didnt have a lot of space there. I did notify the courts of my location and even tried to get a disposition "in absentia." I never heard back from the courts. I dont think they are activly looking for me or anything like that, I have gotten tickets since then and no warrant has showed up. I reside in Huntington Beach.


My main this is how to I squash this. I have been a model citizen since I got sent upstate. No writeups no Parole violations etc. I own a business that is growing quickly and employ several people, I'm not really looking to lose all this one day if I happen to take a road trip to phoenix with my family and get pulled over.

Does Sect. 1389 protect me in any way?
Expert:  California Lawyer replied 7 years ago.
I would contact an attorney in AZ to CAREFULLY approach the courts/DA about a resoloution (and I would be thinking restitution in a big way). This is a delicate situation (were it my car....) but in the interst of justice perhaps there can be a resoloution satisfactory to all.

The key is to hire an experienced AZ attorney to act as a go-between. If you don't, one day this is going to bite hard.

DCG
Customer: replied 7 years ago.
I hear you, I try to give back to the community as much as possible these days. I know I have wronged people.

Thanks for your time.
Expert:  California Lawyer replied 7 years ago.
No problem. People make mistakes. The best people try to clear that up. An attorney can help you. Frankly, this kind of thing feels good to help with. It really does.

I wish you the best of luck. This CAN be cleared up. I hope a bright future awaits you.

DCG