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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23155
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I currently have ad felony and a misdemeanor warrants to

Customer Question

I currently have ad felony and a misdemeanor warrants for failure to comply and failure to appear but I have done time on both of them. the felony is 6 years old the misdemeanor is 2 years old. I have a job in Tampa Florida waiting on me and plan on going but I am from Indiana. I know that I have been car out of state before with ad felony and Indiana did not extradite. I'm wondering if I go what the extradition laws are for sure and Indiana if it is by miles or States. also if when I get there I can have another lawyer take care of it .thanks.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.


Are you saying that the case on which you failed to appear is closed now? That you were sentenced and did your time?

Customer: replied 7 months ago.
No. In 2010 I was charged with escape from work release. Got 2 years. 1.5 on probation. (To follow my 8 yr robbery sentence from 2008)....3 of which was DOC...
I got out December 2012. Did couple solid years supervision violations...Got married, sent thru rough divorce and started drinking. Got drinking and driving April 2014. (Misdemeanor)Bonded out, got lawyer. It Violated both my robbery and escape case. I was then in 3 courts.
I got sentenced and all together did another 18 do 9 months in prison and jail.
Got out may 28, 2015. Haven't done well showing up to probation. Supposed to do interlock , but haven't had a car or house. So that's made me violate probation, and I have a failure to appear in both courts. No bond.
I'm so sick of doing time on these petty cases .
I have a content writing job for a huge media production company in Tampa.
I know last time I escaped and ran to Texas, and have been picked up on escape warrant in Arkansas and Minnesota as well, Indiana said they wouldn't extradite me. They only did that when my B felony warranty kicked In.
So is it a " more than one state away" thing, or a mileage thing? If I take my Tampa job and have my lawyer work on it can I finally stop looking over my shoulder at every sound? Or do these extradition laws change with their budget?
Customer: replied 7 months ago.
Can I just call you
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Zoey_ JD replied 7 months ago.

Thanks for the reply.

Phone calls are a premium service requiring additional money. We can continue for now on this question thread.

I know of no state that will extradite on a misdemeanor. In general every state will extradite on a felony, budget permitting. An exception may be a very low level or weak felony. States will extradite on a violation of felony probation.

You can certainly have your lawyer work on your matter while you take the Tampa job. But he'd have to be a good one and exceptionally well-connected in the DA's office. Typically, the only way you can lift a warrant is for you to actually appear in court before the judge who issued it. Your lawyer likely won't be able to do that without you.

What your lawyer can do would be to consult with the prosecutor and pave the way for your safest possible return. But you're no stranger to the criminal justice system. So I am sure you already know that a probation sentence is in lieu of jail, and that by violating the terms of your probation you're going to have to be resentenced to something. The odds of that being a non-incarceratory sentence are very low. You're not going to be available for, say, house arrest, even assuming you could get it.

So while I'd love to tell you what you want to hear, I can't. Warrants are bad news situations, and they get worse and not better when you're a documented flight risk.

Customer: replied 7 months ago.
Ok. I know. I just turned myself in 3 weeks ago on one . Bonded out. But last time they said more than one state away on d felony is too far.... wouldn't it be the same.
Expert:  Zoey_ JD replied 7 months ago.

Sorry for the delay. I had to get my dogs walked and fed.

There's no hard and fast rule. This isn't codified. It's up to each individual state's discretion and in my experience the decision is based on budget and the nature of the case. Obviously a low level non-violent matter isn't as urgent as a more serious offense. But I have seen my own state and others extradite for low level felonies where the wanting state is more than one state away.

If they passed you up once, then probably they will pass you up again. And that certainly would give a lawyer a good foothold from which to argue that the warrant ought to be quashed or should be executed in-state only so you coud get on with your life.