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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Hi, my boyfriend (We have a 3 year old daughter) is waiting

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Hi,
my boyfriend (We have a 3 year old daughter) is waiting for extradition in NY for PA(Arrested in Allegheny-I found his docket online- status says migrated case-closed). He was arrested in 1995 and did not show up for court date. He had bail. I see his court summary and I see Seq No Statute Grade Description Disposition
413 35 § 780-113 M Int Poss Contr Subst By Per Not Reg
415 35 § 780-113 F Manuf/Del/Poss/W Int Manuf Or Del
417 35 § 780-113 Use/Poss Of Drug Paraph
419 18 § 903 F2 Criminal Conspiracy Engaging.
what does all this mean? should we get a lawyer while he is waiting for PA to get him in 10 days? his next court date is on Sep 18,13 in NY.
what is the best move in this case? this is his only case. no prior cases or after issues. he was arrested due to wrong turn a block away from our home.

Hello

My name is XXXXX XXXXX I have more than 25 years experience and look forward to helping you

It means when he failed to appear in 1995, a bench warrant was issued for his arrest. And while they were not actively hunting him, he was a fugitive from justice and so when he was stopped for the traffic incident and his name was run the warrant came up. Warrants do not die. They live until the are served or otherwise recalled by the court that issued it In this case, it appears there will be an extradition.

Now, he is entitled to fight the extradition in NY - and he would need a NY attorney to do that. But generally, they do not win those hearings and the extradition takes place anyway. And so when he gets back to PA, that is when he should have a local PA attorney to assist him.

And, if he cannot afford a private attorney then he can request a court appointed attorney. The charges are 18 years old and so it is possible that they may be dismissed for lack of witnesses.

But that cannot happen until he is transported back to PA. If he has been employed and has not gotten in any other criminal trouble in this time, then it is possible to have his attorney work on a plea or even have the charges dismissed.

Of course, on the other hand they are pretty serious charges and so it may be that only a lack of witnesses being available would cause the DA to have to dropped the charges.

Customer: replied 3 years ago.

He waived his right so he is waiting PA to arrange pick up. He waived on 9/4/13 and we are waiting 9/18/13 court date in NY to see where the case goes. So any estimate on amount of time he might face if all goes wrong?


 


thank you

Hello

I suggest 2 to 5 years for each conviction. And each are separate charges.
Customer: replied 3 years ago.

what is a conviction?


413 35 § 780-113 M Int Poss Contr Subst By Per Not Reg
415 35 § 780-113 F Manuf/Del/Poss/W Int Manuf Or Del
417 35 § 780-113 - Use/Poss Of Drug Paraph
419 18 § 903 F2 Criminal Conspiracy Engaging.


 


are this all same charges? or considered separate?


you mean he would get 2-5 years for each listed code above?


 

Hello

Each of those charges are separate and each carries a possible 2 to 5 years as a penalty.

So if convicted of all he could get 8 to 20 years.

But as I said, it is an 18 year old case. There may not be any witnesses around to help the state get a conviction.
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