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Ask Samuel II Your Own Question
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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I sat in a county jail days waiting to be extradited to

Customer Question

I sat in a county jail for 49 days waiting to be extradited to another state for a 3 year old property crime. This new case occured before my sentencing of another case which i was on deferred probation for. I found out they also revoked my probation for failure to do community service. I have multiple medical records and letter of diagnosis from a psychiatrist noting health issues which caused me to not complete community service tomely. I have to go to a hesring where i am asking the judge to let me go backhome (out of state) at least until my court. How do i convince him to allow me to go home?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I suggest you will want to provide information and evidence that you have ties to the home community, a relative or reliable friend you will be living with, if you can be employed or in school and you also will want to demonstrate that you understand the consequences if you did not return for your court date.

If you can show that you can enroll in some sort of program relating to your crime in your home state, that would be helpful.

The point that a warrant was issued for you because you did not appear in the other case, is going to be concerning as far as the judge trusting you will not again fail to appear. So you will want to try to explain a good cause and plausible reason why you were not there and that warrant needed to be issued to begin with.

Customer: replied 1 year ago.
The warrant being issued had nothing to do with not appearing....the warrant was for a new charge that actually occured pre-sentecing of the current reason/deferred charge which is why i am on probation. The state just didnt file the new charge for 3 years. I had NO IDEA my probation had been revoked until i flew myself to the state and turned myself in (bonded in and out) for the new charge. Then and only then is when i found out my probation had been revoked for failure to complete community service. I have an abundant amout of medical records and proof of 2 major surgeries plus a diagnosis of mental illness with me showing why i had difficulty completing the community service. My probation was an interstate compact. I am just trying to understand why the DA is stuck on demandi g i stay in a state where i have no job, no money, no place to stay, no family. I have never-ever missed a court date or meeting with my probation office nor have i ever failed a substance abuse test. Is it up to a judge to approve my travel back to my home state and what are the chances of him allowing me too?
Customer: replied 1 year ago.
The sending state had issued a warrant for me on the new charge and what happened is that i tufned myself in and waited for 49 days for extradition but the sending stste never came to get me. I paid a lawyer to do a writ of h corps to demand my release and then i flew myself to the sending state to bond in and out. Sending state is colorado and receing state (my home) is texas
Expert:  Samuel II replied 1 year ago.

Thank you for the clarification. Again, you need to show your ties to your home state, and if it is a job there and you can produce a letter from the employer, that would be helpful. It is possible that you would be able to leave the state, each case of this nature is look at and evaluate on a case by case basis.

If you are on bond now in CO, I suggest you need to consider filing for a bond modification that would allow you to return to your home state until the time of court but you will need to show that you have good reason to return. A home and job would be good reason.