Criminal Law Questions? Ask a Criminal Lawyer.
To answer your question directly, states will generally extradite and pick up defendants charged with felony offenses.
Is failure to pay alimony a felony?
Do you know if the warrant is for contempt of court or was it charges as a separate crime?
No, I don't know. The ex wife put in a complaint of not receiving the alimony. I believe my friend did not receive notice to appear in court for nonpayment as usually generated by the computer system if a payment is not received but I could be wrong on that.
Also, are you sure it was failure to pay alimony and not failure to pay child support?
Yes, it is alimony. All of the children are in their 20's.
OK. It is almost certainly contempt of court.
Here is the way it works:
If he has a warrant for contempt of court, he will have a detainer on him when he completes his sentence in VA. VA will then hold him for a certain amount of time waiting for SC to come pick him up. If they don't come within that time, they are authorized to release him. In most states, that period of time is 30 days.
Can they come to claim him before his pre-trial, trial and sentencing are concluded in VA?
Unless VA releases him, no. It is unlikely that VA is going to let him go before they finish with him.
He has permission from VA to be in NC, SC and TN for a last visit w/his elderly relatives and children. Can SC pick him up in any of those places and take him back to SC for processing?
If he's arrested on the SC warrant, yes, they could, but they have to do it within the 30 days I described above. The botXXXXX XXXXXne is this: if he's got a warrant, he is subject to being arrested and extradited.
What if he's in TN or NC and isn't arrested yet?
I don't think I understand your question.
If SC hasn't arrested him and find out that he is at his relatives' in TN or NC, will they go get him to arrest him and take him back to SC?
In theory, if they found out where he was, they could inform the authorities in NC or TN, and they could go get him and extradite him back to SC. However, it is highly unlikely they are out looking for someone with a contempt of court warrant. They really only go look for people with violent crime warrants or other serious felonies.
Thank you, XXXXX XXXXX I figured. His charges in VA far outway the problem w/the alimony. The ex wife knows he will be imprisoned in VA and just wants to make sure he has to pay her the money he owes in back alimony and anything that accrues during his imprisonment. Thanks for your assistance.
Glad to help. If I've answered your question, please click the "Accept" button. Good luck to you and your friend.
Really appreciate it.