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I have a girlfriend whom was on vacation in florida and was…

Customer Question
Hi I have a...

Hi I have a girlfriend whom was on vacation in florida and was pulled over for a traffic violation, well when her name was ran it showed a warrant for her arrest back home in Louisiana. so now the florida jail is holding her until Louisiana goes to get her.which may take upto 30 days, this is for a warrant she was not even aware of and a crime she def did not commit. is there a way or someone I could talk to to get the hold lifted by doing a signature bong or something stating she will for sure be in court,so she could at least come back home and wait for the court date instead of 12 hours away

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

Warrant is misdeamenor

Lawyer's Assistant: Have you talked to a lawyer yet?

She is in polk county florida, we live in Jefferson parish Louisiana. she was not ware of any warrant. so I'm not sure when it was issued. it is for simple burgerlary which the only time that has come upever against her was in july of this year she was accused by someone but never arrested. she has no criminal past except a dwi 2 years ago and a minor theft about two years ago no I don't have a lawyer i didn't know if maybe i could go talk to a d a or the judge a letter or somethin

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so other than she has mental medical issues that's why i cant let her sit there 30 days and her father just died so shes not really stable without the meds

Submitted: 8 months ago.Category: Criminal Law
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Answered in 1 minute by:
10/4/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,911
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Unfortunately, Florida doesn't have any jurisdiction over a Louisiana case. It has to hold your girlfriend, because every state will honor a sister state's fugitive warrant. But it doesn't have any ability to litigate the merits of the case itself. That can only take place back in Louisiana.

Because a fugitive warrant by definition means that a defendant is a flight risk, in most states, these defendants get held on remand status with no bond possibility while they wait for the wanting state to come get them. However, sometimes exceptions can get made.

Your girlfriend needs a lawyer in Florida to make a bail application for her and to make sure she can get her prescribed medication. Talking to the DA generally won't do you any good. You can try, but the DA has no reason to trust your girlfriend and no reason for him to take your word for it that she didn't commit any crime in Louisiana.

She may already have a lawyer as typically a public defender would be assigned to her when she came before the judge on the warrant. You could call the court where she has to appear, speak to a clerk, give her name and ask whether a lawyer was assigned to her case. Tell the clerk you want that lawyer's name and phone number. Then you can contact the lawyer and he can get the case in front of the judge and try to get bond set.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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