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my husband is in jail in new mexico on a warrant for out of

 
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my husband is in jail in new mexico on a warrant for out of colorado,but the finger prints do not match the warrant. can colorado still come to get him

 



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tried to get the d.a. to do a green sheet to give to the jail! the judge here in new mexico says that if colorado does not come to get him by this friday the first of june he is free to go! his attorney doesnt know much about extradition and the d.a is not informing the jail about the warrant not matching his prints! theyre telling colorado that they have the right person

Submitted: 328 days and 14 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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Expert:  meigs004 replied 328 days and 14 hours ago.


meigs004 :

Hello, how are you tonight

meigs004 :

What do you mean the finger prints do not match the warrant?

meigs004 :

Are you available to chat

JACUSTOMER-s03e9wz1- :

i cant get this to answer

JACUSTOMER-s03e9wz1- :

the warrant san juan county sherrifs served him was ran against his fingernprints but came back as a no hit

meigs004 :

Alright I am going to switch our communication to the Q&A format. This method will not mess up. Please refer to the Q&A for your answer.

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Expert:  meigs004 replied 328 days and 14 hours ago.

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Customer replied 328 days and 14 hours ago.

the sheriffs ran finger prints against the warrant that waas to be served to him from colorado and they came back as a "no hit". so they were unable to serve him the warrant but are still holding him

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Expert:  meigs004 replied 328 days and 14 hours ago.

Sorry about the malfunction with the chat. I will represent to you that the judge is correct, currently your husband is being held on what is called a detainer for a different state. New Mexico can only detain your husband for a specified amount of time. After the expiration of that time frame the jail will have to release him and re execute the warrant. As far as the finger print issue, that will be an issue that will have to be resolved by the two different states. As stated Colorado and its officials looking to extradite him back to Colorado will ave to do so before the period that the judge has provided, otherwise he is due to be released.

IF this answers your question PLEASE click the accept button, and do not forget to leave feedback about your experience. Also, bonuses are certainly appreciated but not required. If you have follow up questions feel free to ask them!! I will be more than happy to answer them for you.

Customer replied 328 days and 14 hours ago.

i havent received an answer and am unable to answer you

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Expert:  meigs004 replied 328 days and 14 hours ago.

Please check again, the answer is posted, you can ask your follow up questions via this Q&A format.

Customer replied 328 days and 14 hours ago.

how can they hold him if colorados warrant is not for him? does colorado have to wait for him to get out before issuing another warrant

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Expert:  meigs004 replied 328 days and 14 hours ago.

Warrants are usually issued by name and social security number. Fingerprints are taken when they are booked, but it is possible that there was a mix up wit the file but I truly can only guess as to why the fingerprints are wrong. However, if they executed the warrant and picked him up, then New Mexico can detain him for a reasonable amount of time until the error is straightened out or the detainer period expires, whichever is less. They do not have to wait to re-execute the warrant, and could reissue it while he is being detained, but right now it is a matter of waiting. If Friday comes, and Colorado does not pick him up, then he is due to be released, and Colorado, if they want, will have to reissue the warrant and pick him back up.

Customer replied 328 days and 14 hours ago.

how can they extraditie him if the warrant does not match his finger prints and does colorado have to wait till he gets out to reissue the warrant

Accepted Answer

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Expert:  meigs004 replied 328 days and 14 hours ago.

Warrants are usually issued by name and social security number. Fingerprints are taken when they are booked, but it is possible that there was a mix up wit the file but I truly can only guess as to why the fingerprints are wrong. However, if they executed the warrant and picked him up, then New Mexico can detain him for a reasonable amount of time until the error is straightened out or the detainer period expires, whichever is less. They do not have to wait to re-execute the warrant, and could reissue it while he is being detained, but right now it is a matter of waiting. If Friday comes, and Colorado does not pick him up, then he is due to be released, and Colorado, if they want, will have to reissue the warrant and pick him back up.

Expert TypeCriminal Defense Lawyer
Category: Criminal Law
Pos. Feedback: 99.2 %
Accepts: 369
Answered: 5/31/2012

Experience: I have multiple years experience prosecuting and defending clients.

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