|
Anonymous #1
|
Bailing from X state to another to circumvent criminal charges
#13162714 - 09/07/10 10:35 PM (13 years, 8 months ago) |
|
|
Anyone done this. You have a court date or something in X state so you bail 1,500 miles away to another. If the charges aren't that serious I don't think they are coming after you.
|
Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 19 hours
|
Re: Bailing from X state to another to circumvent criminal charges [Re: Anonymous #1]
#13171654 - 09/09/10 05:43 PM (13 years, 8 months ago) |
|
|
Quote:
Anonymous said: Anyone done this. You have a court date or something in X state so you bail 1,500 miles away to another. If the charges aren't that serious I don't think they are coming after you.
That is likely to work if the charges are misdemeanor, and may or may not work if its a felony. Of course if its a serious felony it will not work.
You are probably better off fighting the case, then if you decide to run before sentencing you know what you are facing.
|
c1dh3d
The elephant is BACK




Registered: 07/15/08
Posts: 5,229
Loc:
Last seen: 11 months, 5 days
|
Re: Bailing from X state to another to circumvent criminal charges [Re: Alan Rockefeller]
#13192396 - 09/14/10 12:31 AM (13 years, 8 months ago) |
|
|
Quote:
Alan Rockefeller said:
Quote:
Anonymous said: Anyone done this. You have a court date or something in X state so you bail 1,500 miles away to another. If the charges aren't that serious I don't think they are coming after you.
That is likely to work if the charges are misdemeanor, and may or may not work if its a felony. Of course if its a serious felony it will not work.
You are probably better off fighting the case, then if you decide to run before sentencing you know what you are facing.
The state in which the offense took place are the ones that have to finance the extradition, which is why extradition is a 'sometimes' sort of thing, depending on the severity of the crime. How you can gauge whether you may be picked if fleeing to another state is as follows:
A. If the judge would only issue a bench warrant for the offense, the odds of you being extradited are extremely small
B. If the judge would issue a knock and talk warrant on the offense, the chances of him issuing a national warrant for your arrest is better, but not great.
C. If the judge would issue a no-knock warrant for your arrest, odds are very good that the warrant for your arrest would be national.
If they issue a national warrant, this is indicating to any state that you are arrested in, that the state of the original offense is willing to finance / arrange for transportation for you to be returned to their state. Given the time, manpower, and taxpayer money it would take they will only do this on very serious felony offenses.
Also note, some neighboring states will work together on a non-national level, like Minnesota and Wisconsin for example. I've had a friend get a DWI in Wisconsin, and when he was in jail in MN for an unrelated charge, instead of being released his was transferred across the boarder to Hudson where the charges took place to make a court appearance - that was some pretty funny shit 
One more additional point, I have heard some states, actually only one in particular wants every fugitive back no matter what - and will extradite as such. That state being Arizona, with good old Sheriff Joe Arpaio - that man is working to make the entire Sonoran desert one big Tent City. However, he won't extradite outbound as happily, because he'd rather have you sleeping in his prison, than someones elses.
Hope that better illustrates national extradition.
|
Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
|
Re: Bailing from X state to another to circumvent criminal charges [Re: c1dh3d]
#13192813 - 09/14/10 04:46 AM (13 years, 8 months ago) |
|
|
What is the hassle, if any, on these "little" warrants if I get pulled over for speeding in another state? Do I sit in jail for a few days while they figure out if an extradition is going to happen or not?
-------------------- Just another spore in the wind.
|
Nexius
Ruler



Registered: 06/24/07
Posts: 3,960
Loc: Earth
Last seen: 13 years, 3 months
|
Re: Bailing from X state to another to circumvent criminal charges [Re: Seuss]
#13192953 - 09/14/10 06:36 AM (13 years, 8 months ago) |
|
|
Quote:
Seuss said: What is the hassle, if any, on these "little" warrants if I get pulled over for speeding in another state? Do I sit in jail for a few days while they figure out if an extradition is going to happen or not?
It's all a matter of chance, noone knows whether or not the judge is giong to issue a warrant outside of the state.
When i was going to do this a few years ago this is what my lawyer told me
Don't do it.
However if you do it do this:
When you get arrested, and are informed about ur warrant they will have you sign a paper for extradition out of the state. DO NOT SIGN, by not signing your chances of getting away are much better because they have to go to court in the state you got arrested in, bring it up to a judge, have the judge give a order to sign the extradition papers.
And my lawyer said that unless it's a serious felony they won't go through all the trouble of extradition (if you do get picked up on a warrant in a diff state)
If you do get picked up, don't cooperate and from that point on it's a waiting game
-------------------- Light travels faster than sound, which is why some people appear bright, until you hear them speak
|
c1dh3d
The elephant is BACK




Registered: 07/15/08
Posts: 5,229
Loc:
Last seen: 11 months, 5 days
|
Re: Bailing from X state to another to circumvent criminal charges [Re: Seuss]
#13196293 - 09/14/10 07:52 PM (13 years, 8 months ago) |
|
|
Quote:
Seuss said: What is the hassle, if any, on these "little" warrants if I get pulled over for speeding in another state? Do I sit in jail for a few days while they figure out if an extradition is going to happen or not?
Sorry I am sick as a dog, so I might not explain this the best.
The judge / county the offense was committed in has to make the decision of whether to issue a national warrant, based on whether they are willing to pay to transport you back.
They are not going to waste another county's time / resources of holding you, if it's negligible whether they are willing to finance an extradition based on your geographical location. If this were acceptable practice amongst law enforcement, the money and resources wasted on detaining a criminal just to eventually release him would be crippling to law enforcement in all 50 states - especially if they had to wait for someone to give the go ahead for an extradition.
So no, you will just about never in your life spend time in a jail cell waiting for a pending extradition agreement between states, except maybe in a very few cases - such as neighboring states that already have you in jail for a crime committed in their state.
Thankfully for us citizens, local law enforcement very rarily gets any kudos for helping an out of state department collar their man, except in the cases of extremely serious offenders.
Keep in mind, as is the case (I've heard) with Arizona, sometimes the Sheriff in that county would sign the national warrant in his own blood, to get another cot in his prison filled - though extremely rare.
Edited by c1dh3d (09/14/10 07:57 PM)
|
c1dh3d
The elephant is BACK




Registered: 07/15/08
Posts: 5,229
Loc:
Last seen: 11 months, 5 days
|
Re: Bailing from X state to another to circumvent criminal charges [Re: c1dh3d]
#13196312 - 09/14/10 07:56 PM (13 years, 8 months ago) |
|
|
Sorry, to conclude that, petty crimes will remain on in-state warrants because the police are willing to wait until they run into you again to get you in front of a judge.
Bench warrants are surprisingly often the result of missing a court date on fairly serious offenses, such as assault and battery cases. If you have a crime sexual in nature, enough to make the offender list, you're fucked.
|
|