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Glad to find you guys on the internet--I have NO experience…

HI--glad to find you...

HI--glad to find you guys on the internet--I have NO experience with anything involving courts, jails, etc!!!

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

My daughter is being held in El Paso county jail (CO) for a warrant in Pueblo county (CO) on a "failure to appear" warrant for a misdemeanor. She has been there for 2 full weeks and has a court date of Mar 26 in Pueblo. How long can they hold her in El Paso Co and how long does Pueblo Co have to come and get her. She thought it was 10 bus days but has been hearing otherwise---

Lawyer's Assistant: Has she talked to a CO lawyer about this yet?

No...she has a public defender but after leaving several msgs for them, there's been no response. I know they all have heavy caseloads. She is holding her own but after beings there for weeks (and telling me there are people in there with her who are there because they have killed someone) she is teetering! Apparently she is in a "holding" cell /unit where females who have just been brought in are held for a short time before they move somewhere else

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

This all started with a "failure to appear" charge as she confused her court date with another appt she had

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Answered in 6 minutes by:
3/15/2018
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 463
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that you and your daughter are experiencing this issue. Give me a few minutes and I will provide an overview for you on the extradition process.

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When someone is picked up, in this case, in Texas, for an out of state warrant, the extradition process begins.

The first question is whether the arrested individual will agree to extradition or if they will challenge the extradition. If the there is a challenge to the extradition, then Colorado would have to produce a warrant that complies with applicable Texas law. Initially there is a 30 day time frame to produce the warrant, but this can be extended.

if there is no challenge to the extradition then in a reasonable time, generally 10 days to 3 weeks depending on the circumstances, the person, here your daughter, would be transferred to Colorado. This is usually done by Colorado law enforcement coming to Texas and physically taking custody and traveling back to Colorado.

If in this time frame the person is not picked up, then the person will be released. Important point here - if they are released, the underlying warrant will still be active. This means they could be arrested again and the process can start over.

That leads me to the next point. The underlying Colorado warrant is the main point to address here. If the issue can be cleared up in Colorado, then the warrant goes away and she could be released.

Finally, your daughter may be entitled to bond while the process is ongoing.

Ultimately there are a lot of points to consider and in cases such as this, it is always a good idea to consult with an attorney who is knowledgeable with the Texas extradition laws.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 1 month ago
Thx Sean! She is being held in CO on "out of county" warrant, not out of state---bench warrant (failure to appear) was issued in Pueblo, CO and she is currently being held in Colo Springs (El paso Co) waiting for Pueblo to pick her up --- her court date in Pueblo is Mar 26. This is a misdemeanor charge--she was picked up in Denver (Arapahoe Co) on Feb 4 and stayed a week until El Paso Co came for her on Feb 16 and she is still there waiting for Pueblo Co to pick her up. So she's actually been in jail since Feb 4 waiting to get to her final destination in Pueblo. Someone pulled her car registration sticker off her plate and she was stopped in Denver where they noticed she had a "failure to appear" bench warrant so they put her in Arapahoe Co jail for the first week...My question is how long can Pueblo Co leave her in jail in El Paso Co before they must get her and take her down to Pueblo Co? This is all happening in CO and her court date is Mar 26 in Pueblo Co

So sorry on that, saw El Paso and immediately thought Texas.

On this, the most likely result is that there would be an order to transport from El Paso County to Pueblo County and on the date of Court, or perhaps the day prior, officers from Pueblo would travel to El Paso and would take custody. Since it is in the same state the warrants travel better and do not need the out of state process involved.

There is a chance it would be done sooner, but with the date essentially 10 days away, it would be most likely there would be transport for the hearing then she would be in the county where the warrant was and could deal with the disposition then.

Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 463
Experience: Attorney/Member in Private Law Firm
Verified
Sean K and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Thx...that is what I needed to know to convey to her...she has left msgs for her public defender but hasn't heard anything from them. She was under the impression that there was a time limit on how long one county could leave an inmate in the care of another co before they sent someone to pick her up. Is it possible that they would not pick her up from Colo Springs (El Paso Co) before her court date in Pueblo creating another "failure to appear" even though she's sitting in jail in Colo Spgs?

That would be unlikely. If she was just left to sit in El Paso, it would not be possible for her to appear. That would be a valid defense to that. She would be able to show she was incapable of appearing.

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Customer reply replied 1 month ago
What would be the usual sentence for "failure to appear"---she's already been held in jail for 5 weeks (between 2 different counties, not the county the charge originated in) in fact she did show up for court initially but was late....

So the failure to appear would likely relate back to the original charge and the penalty for that. That being said, if she has been in jail in Colorado the entire time then she would likely be entitled to credit for time served.

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