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  1. #1
    Jason_Roberts is offline Junior Member
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    Arrested on Felony Warrant – Now fighting extradition

    I am a current resident of Watertown, SD (Codington County.)

    In 2002 I resided in Seattle, WA (King County) for roughly one year and eight months where I committed a class B felony, Assault in the second degree (a “strike” charge) plead guilty to the charges and served 90 days. In addition to this, I was sentenced to felony probation for the period of one year, made to attend anger management classes, visit a regular therapist/psychiatrist, and pay $5,000.00 in fines which I have ten years to do.

    Later that year, I had left the state of Washington on a flight to Sioux Falls, SD. My PO, at the time, granted verbal permission to do so and was going to arrange probation to be transferred. When I reached South Dakota, she denied me permission to stay and demanded that if I did not return to Seattle, WA that a felony warrant for my arrest would be issued. The reason she stated this was because I allegedly made contact with the victim who had a contact order against me, via e-mail. I denied that I did so, and a warrant was subsequently issued.

    This was six years ago, and I have had no prior convictions or have been arrested at any time during this period. I have also been seeing a psychiatrist and a behavioral therapist for almost two years. In addition to this, I have never left the state of South Dakota.

    On Sunday, March 9 2008 I was questioned by a police officer regarding a complaint he had received about online behavior and that I was issuing threats to users in an IRC chat room. He checked my ID and ran a “C request” through NCIC and discovered my felony warrant (which never expire) and I was immediately arrested. The warrant was confirmed and I was held. (It should be noted I was not charged with any crimes involving the online threats the officer originally questioned me about.)

    I was served a “Secretary’s Warrant” from the Department of Corrections in King Co. that stated I was to be held without bail and immediately extradited. I then procured an attorney, while in jail, before my initial hearing on the 12th. My lawyer voiced that we were going to demand the State of Washington to obtain a “Governor’s Warrant” and that we were going to pursue having my probation transferred via the “Interstate Transfer Compact.” We also brought up the issue of bail which the judge agreed to grant for $5,000.00 – no collateral – under the conditions I resided with my parents. This of course is veritably unheard of and I am obviously out on bail at this time, until my next court date of April 16th. (Even my lawyer was impressed that I was permitted bail, after the warrant explicitly stated that none applies.)

    The “ball” as it were, is currently in King County’s Court, and I suspect (maybe) they will definitely pursue a Governor’s Warrant.

    I am currently diagnosed with schizoid affective disorder and am undergoing treatment for this disease here in South Dakota. My immediate circle of support resides here, and I am currently unable to support myself financially in any way. If I were to be extradited to Washington I would be removed from that support, would not have access to my current doctors, and would essentially become homeless after they released me for serving the 40 days I will likely owe for my violation. This is entirely counterproductive and counterintuitive to the entire process of rehabilitation I am supposed to be receiving. I do not agree that extradition would be prudent at this time or in my best interests whatsoever. My lawyer also agrees.

    My questions are: What are the chances that Washington (King County) will just drop this whole thing? It makes little sense for me to return to Seattle.

    Also, would it not just be simpler to transfer my probation via the Interstate Compact? I am more than willing to adhere to my probation and pay any outstanding fines in the time I have allotted.

    How is King County’s morale in regard to this sort of thing? What is the likelihood of them backing down?

    My next court date is on April 16th, and I am currently out on $5,000.00 bail. What should I expect to happen on that day?

    How worried should I be about this “Governor’s Warrant?”
    How much time do I have as a “free man?”
    Last edited by Jason_Roberts; 03-16-2008 at 12:32 PM.
  2. #2
    msiron is offline Member
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    REMOVE your name, and do the right thing, don't fight the extradition. You should have cleared that up before you left. Do you want to live your life on the run?
  3. #3
    Jason_Roberts is offline Junior Member
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    Quote Originally Posted by msiron View Post
    REMOVE your name, and do the right thing, don't fight the extradition. You should have cleared that up before you left. Do you want to live your life on the run?
    I am doing the right thing. We are simply confronting the issue of extradition itself. In this case, it would hamper my rehabilitation.

    I am also "doing the right thing" by having it transfered via the Interstate Compact and facing all consequences here, in this jurisdiction, where it would be much more suitable.

    And to follow-up: How am I "on the run," or would continue to be "on the run" seeing as this entire issue is currently in the process of resolution? I mean, I was already arrested and served the warrant. What is there to really run from in the first place?

    I don't understand your comment...

    (Name has been removed.)
  4. #4
    CdwJava is offline Senior Member
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    Quote Originally Posted by Jason_Roberts View Post
    My questions are: What are the chances that Washington (King County) will just drop this whole thing? It makes little sense for me to return to Seattle.
    Without an attorney in King County who will intercede on your behalf, I doubt that WA has any incentive NOT to seek a governor's warrant.

    Also, would it not just be simpler to transfer my probation via the Interstate Compact? I am more than willing to adhere to my probation and pay any outstanding fines in the time I have allotted.
    Your attorney can always ask, but at this point, I suspect it may have gone too far for that and an appearance in WA to straighten the whole thing out is likely in order.

    How is King County’s morale in regard to this sort of thing? What is the likelihood of them backing down?
    Why should they back down? This is a matter of paperwork for them - a Governor's warrant is just a matter of time.

    My next court date is on April 16th, and I am currently out on $5,000.00 bail. What should I expect to happen on that day?
    Be prepared for the possibility that a governor's warrant might be in hand.

    How worried should I be about this “Governor’s Warrant?”
    How much time do I have as a “free man?”
    No one can guess. But, absent a reason not to seek extradition, the extradition WILL happen. These things are virtually automatic and very, very few such extraditions are denied in the end.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    CavemanLawyer is offline Senior Member
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    I imagine they will just seek a governor's warrant, since its actually a very trivial thing to issue. There are only two ways to challenge a governor's warrant. One is to challenge identity, arguing that the person they are seeking is not you. Other than that the only challenge you can make is that they did not follow the correct legal procedures in procuring the warrant. In other words, if the State wants to extradict you, they can and will.

    The interstate compact allows for another state to put you on courtesy probation. This means that you do your probation in this new state but the original state, where you commit your crime, still retains jurisdiction. If you violate your probation, it is the original state that files the motion to revoke, that files their warrant, and that brings you back to their state and proceeds on the motion. And if your probation is revoked it will be in that state where you serve your time in prison. It is possible to transfer jurisdiction to the new state, however it isn't usually done, and it definitely was not done in your case since your PO tried to keep you from leaving the state altogether.

    Maybe your attorney knows something special, but I don't see how it can just be transferred to the state where you absconded to for the last six years. That kinda defeats the purpose of probation. And in my opinion you truly have no argument here because even if your transfer to the new state was denied based on incorrect info, they are not required to transfer your probation if they don't want to. They don't need a reason to deny the transfer. And most importantly....you never finished your probation!
  6. #6
    FlyingRon is offline Senior Member
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    Fighting the extradition won't make the original warrant go away. You certainly also need to get a lawyer try to resolve that. You'll still be a fugitive.
  7. #7
    Jason_Roberts is offline Junior Member
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    Quote Originally Posted by CavemanLawyer View Post
    I imagine they will just seek a governor's warrant, since its actually a very trivial thing to issue. There are only two ways to challenge a governor's warrant. One is to challenge identity, arguing that the person they are seeking is not you. Other than that the only challenge you can make is that they did not follow the correct legal procedures in procuring the warrant. In other words, if the State wants to extradict you, they can and will.

    The interstate compact allows for another state to put you on courtesy probation. This means that you do your probation in this new state but the original state, where you commit your crime, still retains jurisdiction. If you violate your probation, it is the original state that files the motion to revoke, that files their warrant, and that brings you back to their state and proceeds on the motion. And if your probation is revoked it will be in that state where you serve your time in prison. It is possible to transfer jurisdiction to the new state, however it isn't usually done, and it definitely was not done in your case since your PO tried to keep you from leaving the state altogether.

    Maybe your attorney knows something special, but I don't see how it can just be transferred to the state where you absconded to for the last six years. That kinda defeats the purpose of probation. And in my opinion you truly have no argument here because even if your transfer to the new state was denied based on incorrect info, they are not required to transfer your probation if they don't want to. They don't need a reason to deny the transfer. And most importantly....you never finished your probation!
    I believe the best thing to do is to get my lawyer in dialogue with my current probation officer and to discuss conditions and determine if there is anything that can be done to allow use of the Interstate Compact. So far, she has expressed a similar concern of being removed from the care of my current providers. I don't know if getting a lawyer in King County would be a very good idea, as she may view it as a further challenge to her instructions.

    As always, I will prepare for the worst and hope for the best.

    All-in-all it is my absolute desire (and responsibility) to complete my probation. Keep in mind, my original PO was going to arrange for courtesy probation here at the time I departed Washington. Only when I returned did she revoke this and state that I may have violated terms of my probation via the "no contact" order. The only way to bring me in on this was to pursue the fact I had left the community eventhough she was going to arrange for me to do so. I already secured "verbal permission" which of course, doesn't amount to squat.

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