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 Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25469
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

My daughter was picked up in tarrant co ,texas by a warrant

Customer Question

My daughter was picked up in tarrant co ,texas by a warrant issued by Clayton co. Ga. It is a true bill bench warrant theft by taking $10,000. Her husband was charged in 2003 and prosecuted. They were married for 1 yr and divorced in 2003. Clayton Co. investigator had her give a depositon that same year and has never heard from them again. She moved to Texas and filed for chapter 13 and has lived in Texas from 2003 until present. She has been in Tarrant Co Correctional now for 3 weeks. GEorgia said they will pick her up by transport but they have never come. tHE JUDGE in GEORGIA signed a teletype last week for her to be released and come back to Georgia in 72 hrs but 2 hrs later,renigged on it ,saying the transport was paid for. That was 4 days ago. Today when I went to visit they told me she was released..They had her change her clothes and told her it was a code 1 and to roll over,which means change and leave. They to at the last minute told her to change back into her pod clothes. the transport didnt show up. I know you here this every day from Mothers. She did not steal anything. If she did ,i would lock her up. She maintains two jobs. She is a flight attendent ,in and out of the states,two new passports,pays taxes and bought a small home trying to rebuild her life. She also teaches school on off days..She has been thrown into the system and no one cares and I cant get her out. The big time expensive lawyer in Texas doesnt call back. The milliondollar lawer in Ga. says its sad and he really doesnt know Texas law. My questions are: Is the Judge in Georgia being vindictive for some reason and since she handled the exhusband,can she also handle my daughters case. How many days can Texas hold her in custody? Should I get a public defender in Texas (I was advised not to by the sherrifs office) I also found out if she hadn!t signed the extradition papers (again advised to sign by the sherrif!s office) we could of fought extradition. I believe today what they did was the most inhuman thing .I am really worried now about her mental condition. I would never have believed in this country, 5 cops could drag you out of your house and throw you in jail.. Have they never heard of a phone of mail......I never believed we would be treated like Russia.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

While it does sound as if your daughter's getting jerked around by the system somewhat, the Uniform Extradition Act gives the wanting state 30 days from whenever the defendant agrees to go back, to get their paperwork together and send some officers over to pick her up and to transport her. Not all states follow the Act in their laws. Their laws will say, "Whatever's reasonable." But because of the Uniform Act, anything less than 30 days isn't unreasonable.

People can sometimes fall into a time warp awaiting extradition. If she's being held unreasonably long, the remedy would be for your Texas lawyer to petition for a writ of habeas corpus to get her brought back before the judge for the state to show cause for why she's still being held or to release her. I am sure your lawyer knows this, but it's an emergency remedy and to do it when you know that the state would consider the delay "reasonable" right now, will only get the judge annoyed and nothing more.

However, if it goes on too much longer, ask your Texas attorney if it's time for a writ of habeas corpus, and if not, why not.

You mentioned fighting extradition, and I may be able to make you feel a bit better about that. Every state gives full faith and credit to another state's fugitive warrant. But that only means they agree to hold the person for the wanting state. Texas is not able to rule upon the merits of the Georgia case, because Georgia and not Texas has jurisdiction over that. In Georgia, her case may be quickly dismissable, for all either of us knows, but Texas doesn't get to decide that at all and that's not part of what's going on. What's going on in Texas is only will or won't Georgia come get her.

It's usually pointless, therefore, to contest extradition, because since the facts of the Georgia case don't matter, the grounds to fight it are very few. They are only:

1) The defendant is not the same person whose name is XXXXX XXXXX warrant; or
2) The defendant is the person but was never in Georgia during the time the crime was allegedly committed; or,
3) The governor of Georgia made an error of some sort on the paperwork.

And that's it. . .

From what you've said, your daughter would not win a hearing to fight extradition, which is why her lawyer almost certainly advised her to agree to go back to Georgia. Additionally, if she fought against extradition, the time she's doing in Texas waiting for a hearing on the above three issues could take a couple of months and would not be counted towards any time she may have to do in Georgia.