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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I'm not exactly sure what im looking what I need. Here is

Customer Question

I'm not exactly sure what im looking for or what I need. Here is what's going on. Back in 2007 I was charged and convicted of possessing a controlled substance under 1 gram. I was placed on 5 years probation deferred judifcation. I served and completed all requirements but, 3 months until I was to be released I lost my job due to a pregnancy that led me on bed rest so my probation was revoked due to late payments. I since then have moved to North Carolina for my husbands job and now with two children, new state, not even one speeding ticket, or any run ins with the law and drug free for over 10 years. I'm needing to know if I go to the dps office here in nc will I be arrested and extradited back to Texas? I can not have this happen. I'm a stay at home mom and my children need me. I have changed my life in so many ways starting with God. My children are my life and everything I do is for them. I have a boy who will turn 4 in September and a girl that just turned 10
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

There is no way to say for sure whether you will be but you certainly could be. It is likely that since it was a felony then it was entered on the national database of felony warrants. However, not all are, the local office in TExas would have had to request that it be done and occasionally they don't do that.

In addition, not all counties extradite. However, if your warrant is listed and you are arrested then you will likely stay in jail around 40 days or so waiting to see if they are going to extradite you. The actual time limit is 30 days from the date the judge signs the order allowing the extradition and then that can be extended for another thirty days. It usually takes 2-10 days to get the initial extradition hearing so you can see where the time adds up.

Your best bet is to contact a Texas attorney where you did live and see if there is any kind of deal that can be worked out.

Customer: replied 4 months ago.
My charge and arrest was in Henderson county Texas and I'm now living in Haywood county North Carolina. The charge was in 2007 I was to be released from probation in 2011 but like I said due to late payments it was revoked in July of 2011. I'm needing a little bit more answers than you can give me I guess.
Expert:  Dwayne B. replied 4 months ago.

The answers I gave you are as much as you can get from anyone other than the actual warrant database which no one has access to except for law enforcement.

Most Texas counties file for extradition although they don't always follow through and extradite. You definitely have a warrant pending but there is no way to tell if they put it in the database for 100% sure (until you get arrested). I'd say the chances are 90% that it was entered since it was a felony and since you failed to complete probation.

Expert:  Dwayne B. replied 4 months ago.

The warrant will stay active in the database, and in Texas, until it is served on you and you are arrested. They do not expire.

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