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?”