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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21375
Experience:  Handle criminal matters in both state and federal courts.
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Fiance in WV FCI for probation violation. Just discovered he

Customer Question

Fiance in WV FCI for probation violation. Just discovered he has open active warrant in WV for two separate incidents. One he has hearing 3/27/13 and I as his POA wrote to magistrate to try and resolve matter (pay fine) Magistrate signed for certified on 3/4/13 and time is slipping away. What can I do besides just send in a check? 2nd incident is still an open/active warrant with city police department. What can I do to resolve this matter, vacate it, request a stay - anything? What should I do? 2nd incident carries jailable time. What can I do to help him?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hi

Can you tell who signed for the letter? Was it sent directly to the judge in the matter or the clerk of the court?
Customer: replied 1 year ago.

I addressed it to the magistrate however I'm assuming it was signed for by a female office worker 'Crystal Williams.'

Expert:  Samuel II replied 1 year ago.

Hi

Thank you

I suggest you call Ms Williams and ask her what the Magistrate has decided. Should you just pay the fine - will that then have the judge recall the warrant?

You cannot assume that even if you pay the fine that the warrant will be recalled. Don't try to guess. Don't hesitate to call the Magistrate's office and ask Ms Williams or request to speak to the Magistrate's law clerk.

As to the other warrant, Your fiance' is correct. He will not be transported for that hearing. That warrant will remain active until it is recalled. So when he is released from this stint, they will then take him to the county where it is open as a detainer. That warrant will always be a detainer.

I suggest the court is not going to recall that warrant and just let it slide because he is incarcerated.

I suggest you can also write a letter to the District Attorney involved and provide a copy of your POA and tell them that he is incarcerated. But the DA will be notified of that at some point.

There is just no way that you, as a POA, are going to be able to get the DA and the court to recall or quash that warrant.

But if you feel you need to try, then you can file a Motion to Quash.

I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything

Customer: replied 1 year ago.

This second incident is for driving on suspended, fleeing and eluding and obstructing an officer. What is the likelihood that the accept a motion to quash these type of charges? I'd like to help him, just not sure how and if that would work. I also heard that most courts when concerning criminal or other charges do not accept POA. Just not sure how if I can help me. I'm really trying though...just not sure how far I can get on this POA and why courts aren't responding. But I will call Ms. Williams first thing tomorrow.

Expert:  Samuel II replied 1 year ago.
Hi

That is what I said, the POA will not get you far - I was trying to be gentle. But you can have him file a Motion to Quash. If those charges are non violent, even though they carry jail time, the District Attorney might not oppose it. It is really all up to the DA.

And that will depend on how old those charges are, and how long his federal sentence is. You can certainly write the DA and see how far you can get. But they do not have to talk to you about anything.

I think I have answered your question. Remember, I can only answer and provide true and correct information for what you ask.

Otherwise, please rate this service below Good to Excellent so that I may get credit for my time and information. Rating will not close the question and it will always be available for follow ups. A Rating will only close a CHAT and then convert it to a QA where you can always access it.

Thank You and good luck with everything
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21375
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks again for your help! Looks like I have my work cut out for me. And the incident we are speaking of occurred on 8/3/12 and he became incarcerated on 8/25/12 over a traffic violation which resulted in his PO violating his probation. Crazy but he's now looking at 18 months. Just trying to erase his slate so to speak and give him a fresh start when he comes home. New life, new beginnings...

Expert:  Samuel II replied 1 year ago.
Hi

Yes. I understand and he is fortunate to have you.

I really wish you the best of everything

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