I was afraid you were going to say something like that. You know (or if you don't, I am about to tell you) that if you have a absconder's warrant on a felony matter and are picked up by the police anywhere in this country or at its borders, you can be detained in prison -- most without bail -- until the wanting state determines whether or not to extradite you and bring you back involuntarily to face the embezzlement charge against you. Extraditions cost a state in money and manpower, as they have to send a team over to another state to transport a defendant. So states don't extradite on misdemeanors
. But they generally will on felonies or violations of probation or parole.
Fugitive warrants only expire when the court
that issued it lifts the warrant, almost always in the presence of the defendant or his lawyer. So you can't count on waiting out a warrant in order to be able to apply for a license. It will be there until you address it.
I can understand perfectly well why you may not want to go back to the other state. You will likely be jailed upon your return because you've established a track history as a flight risk. And if you want to clear up the warrant, you should do so with a lawyer present who can argue for your release and/or bail in an amount that you can make.
If you don't want to go back, then you have to realize that in any situation where you have to get a background check done, you will face some risk. The odds are good that the DMV will find your warrant and at the very least deny you a license.
There's really no way I can make this situation sound prettier to you. I would if I could, but I am stuck with cold hard facts.
If I've helped, please click the green Accept button so I can get credit for my work.
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.
Edited by FranL on 5/17/2010 at 6:45 PM EST