Criminal Law

My Son was convicted of a felony in Hawaii and served his time...

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he stole a camera out...
he stole a camera out of an open jeep... In Hawaii that is considered a Felony. We transferred his probation to Sacramento and he go a DUI and a petty theft ($10.00) - a violation of probabion. His probation officer arrested him and he is in County jail awaiting extradition..... Hawaii has a warrant out for his... Read full answer
My Son was convicted of a felony in Hawaii and served his time... he stole a camera out of an open jeep... In Hawaii that is considered a Felony. We transferred his probation to Sacramento and he go a DUI and a petty theft ($10.00) - a violation of probabion. His probation officer arrested him and he is in County jail awaiting extradition..... Hawaii has a warrant out for his arrest. What is the maximum number of days Sacramento County can hold him?
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Answered in 20 minutes by:
10/30/2009
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Has your son waived extradition (agreed to return to Hawaii and said that they can pick him up) or is he contesting this?
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Customer reply replied 9 years ago

He had a public defender, and I believe William said they could pick him up, I don't think he knew he had a choice. (He was incarcerated 10/13/09 and his court date before the Sacramento Judge was 10/19/09). Now he is telling me that he is afraid for his life if he gets returned to Hawaii. Is it to late to contest it now?

Customer

All states honor another state's fugitive warrant, but they do not have the jurisdiction over an out-of-state case to deal with the subject matter of case itself. Your son cannot fight the Hawaii matter in California and the choice to contest extraditon wouldn't have given him that opportunity. These hearings are offered to challenge issues of identity. So if your son is the person named in the warrant (as opposed to someone using his name, for example), he'd only end up being extradited anyway. And he'd have to sit in Sacramento for a couple of extra months fighting something he could not win. Further, since the time he does in California does not count towards any time he may end up owing Hawaii, it's an unwise choice on that ground too.

His public defender seems to have advised him in his best interest. He'll go back to Hawaii and have a hearing on the violation. His old lawyer will be notifed of the violation or he can get new counsel appointed to him. Perhaps he can be restored to probation. Probation has a lot of discretion in these matters, and there may be facts his lawyer can use to mount a good argument on his behalf. Meanwhile, his security concerns can be addressed by his attorney who can ask that he be placed in protective custody.

In answer to your original question -- now that I know he agreed to go back -- Hawaii would get 30 days from whatever date your son agreed to go back to send word that they will be picking him up, get their paperwork in order, and arrange for his release into the custody of Hawaiian officers. He cannot be held in California indefinitely on a warrant like this. If the time delay becomes unreasonable and Hawaii isn't moving, his public defender can petition for a writ and ask that he be released.

If that happens, however, he will still have the Hawaii warrant and this sort of thing could keep happening to him until he goes back there to address it.
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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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Zoey_ JD
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Category: Criminal Law
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