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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Will a state extradite me back to Wisconsin for Warrants or

Customer Question

Will a state extradite me back to Wisconsin for Warrants or absconding?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
JACUSTOMER,

If you have a fugitive warrant out against you in Wisconsin you are at risk of extradition anywhere you go in this country and at its borders. Such warrants never expire. They will stay out there against you until you or your lawyer comes back before the issuing court and gets it lifted.

Extradition is very expensive for states, so they don't usually send teams out of state to track defendants down, even if they know where to find them. They bide their time because sooner or later, the person will get stopped for a traffic offense, or come to the attention of the authorities in a background check. Or, the state can suspend your license, which would require you going back to Wisconsin if you ever want to drive lawfully again.

In general, however, even if you ended up in jail in your current location, states don't extradite for misdemeanors. The more serious your offense, the more likely that if you're arrested you'll be held for extradition.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.






Edited by FranL on 5/8/2010 at 12:40 AM EST
Customer: replied 4 years ago.
So even if I get a traffic violation for example in a different state, would I be arrested and brought back to Wisconsin? I believe it is a warrant for absconding. I don't even know if that's a felony or misdemeanor. Is it a serious enough offense to get extradited? And does it matter what state I'm currently in?
Expert:  Zoey_ JD replied 4 years ago.
Wherever you go, if you're picked up by the police you are at risk of being held for extradition. All states and US territories give full faith and credit to a sister state's warrant so you could be held (doesn't mean you will be and I have no crystal ball) without bail while your state calls Wisconsin to see how interested they are in coming to pick you up. You can be held for a reasonable time (says the US Supreme Court) for the paperwork and the marshals to come from WI. 90 days is not unreasonable. Whatever time you do waiting for them does NOT count to what you owe WI.

Here is the absconding statute. It looks as if it depends what the underlying offense was. If you absonded on a felony it's a felony and so on. I am pasting the URL below so you can read it.

http://www.lawserver.com/law/state/wisconsin/wi-laws/wisconsin_laws_946-50



___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.




Customer: replied 4 years ago.
i was on extended supervision for burglary & criminal damage to property, then placed in a treatment program as an ATR. while there, a bogus warrant was issued on me, and i left the facility. is that considered absconding? failing to report? i reviewed the links you sent me, but they don't tell me anything that I can understand.
Expert:  Zoey_ JD replied 4 years ago.
This site has some technical issues tonight and I am having difficulties posting my answers. So I apologize for any delays or replies you may feel are too short.

The statute I sent you tells you that the penalty for absconding depends on what the underlying offense is. So if you were on extended supervision for burglary, it sounds like you you violated the terms of your probation or parole. So it would be a felony absconder warrant, and the odds of you being held for extradition if you are stopped would be high. However, many people choose to risk it.

States do have ways of getting your attention though, even if they don't come after you. One way is to suspend your driver's license. Another would occur if somewhere down the road you apply for certain state benefits, like unemployment. The warrant would keep you from collecting.

So it's always better to come back sooner rather than later and voluntarily rather than involuntarily. But that said, with an absconder warrant, and a violation of the conditions of your sentence on your burglary case, the likelihood you will be incarcerated and resentenced on the burglary is just about 100% if youve been away for any length of time without a super reason. It's not a pretty picture, and it unfortunately doesn't get better. If you do choose to surrender yourself on the warrant, make sure you don't do so without a lawyer to make some kind of argument for your continued liberty or for reasonable bail.
___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.






Customer: replied 4 years ago.
i'm sorry, i'm just not satisfied with your answers. i do, however, appreciate your effort.
Expert:  Zoey_ JD replied 4 years ago.
I'm sorry too, as I can't change the law and I won't pretend that you're in a good situation.

I will, however, opt out so that you can hear from someone else. I understand perfectly why you would not want to go back. And many people never do. All I'm doing is telling you what your rights and risk are. The choice of what to do with that is yours.

Customer: replied 4 years ago.
i understand, i would really just like my $15 back.
Expert:  Zoey_ JD replied 4 years ago.
I never received your money as you didn't accept my answer. I will put through a request to customer service for the return of your deposit. You can also reach them by emailingXXX@XXXXXX.XXX

Good luck!
Customer: replied 4 years ago.

ok, thank you.

 

Expert:  Zoey_ JD replied 4 years ago.
No problem. I've put in the request.

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