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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Im on informal probation in Ca. for another yr. While in another

Resolved Question:

Im on informal probation in Ca. for another yr. While in another state was picked up for driving a stolen vehicle. Im out on bail. What will happen at my court date? Could Ca. extradite and why did i bail out if so?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.
Hello,

The bail bondsman is correct. Had extradition been an issue California would have placed a hold on you while you were incarcerated and you would not have been able to bail yourself out.

California does not extradite for misdemeanors and, because extradition is very expensive, whenever the expenses are impractical given the distance, the type of offense and its penalties.



Customer: replied 11 months ago.

My original offense that I am on three years informal probation for was a similar felony charge to the one I was picked up for in Utah in July.


 


Since they are both felony charges would the same extradition rules apply? (What you stated before....)


 


My first hearing on the charge in Utah is next week. Will California be notified of this new charge that would obviously violate my informal probation and ISS that I entered into?


 


PS: The original charges in CA for which I am on Informal Probation for were 3 felony charges originally and I entered into a plea changing it to a Misdemeanor Charge with 3 years IP plus Fines/Fees & 3 days community labor or fine. (just to clarify)


 


Thanks!

Expert:  Zoey_ JD replied 11 months ago.
Hello John,

It doesn't matter what your original charge was. Your case is presently a misdemeanor, so California is unlikely to extradite you for it.

If Utah is aware that you're on informal probation, they will likely notify California of that. Failing that, you're supposed to notify California yourself. In any case whether they do/you do, it is unlikely that you will be able to complete your California case without them finding out. It is typical for probation to run your RAPs before discharging you specifically to make sure that there were no unreported violations.

You should discuss this with the lawyer who represented you when you cut your deal in California.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16084
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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