Do states extradite for non-violent felony warrants?

[gqpublic]

What is the name of your state (only U.S. law)? California

My husband has two outstanding arrest warrants in Florida (non-violent felony). If the police were to stop him in the San Francisco Bay area for a traffic violation, would they bring him in or extradite him to Florida?

 

[CdwJava]

What is the name of your state (only U.S. law)? California

My husband has two outstanding arrest warrants in Florida (non-violent felony). If the police were to stop him in the San Francisco Bay area for a traffic violation, would they bring him in or extradite him to Florida?

Could he be detained while they contact Florida? Yes. Could Florida indicate they WILL extradite and he might be arrested pending the extradition? Yes. Could nothing happen at all because Florida has indicated they will NOT extradite from California? Yes.

Bottom line is that we have no way of knowing what will happen. The agency in Florida that issued the warrant can choose to extradite if they wish. Whether they will or not, we can't say. However, the warrant will not go away. It's existence can result in the inability to obtain gainful employment, it can result in multiple detentions or arrests until it is cleared up, it can also result in the inability to obtain government supported loans, welfare, SSI, etc. Until it is cleared up he will be a fugitive and will have to get used to living like one.

 

[gqpublic]

Could he be detained while they contact Florida? Yes. Could Florida indicate they WILL extradite and he might be arrested pending the extradition? Yes. Could nothing happen at all because Florida has indicated they will NOT extradite from California? Yes.

Bottom line is that we have no way of knowing what will happen. The agency in Florida that issued the warrant can choose to extradite if they wish. Whether they will or not, we can't say. However, the warrant will not go away. It's existence can result in the inability to obtain gainful employment, it can result in multiple detentions or arrests until it is cleared up, it can also result in the inability to obtain government supported loans, welfare, SSI, etc. Until it is cleared up he will be a fugitive and will have to get used to living like one.

The second part of our situation is that my husband has an ICE status of Remove. We are trying to determine what is the best approach to managing this delicate situation. We would like to go to FL and resolve the warrants, but are concerned ICE will pick him up during the process. I am unsure what the likelyhood is of that but would think it's reasonably high. If they deport him and he is blacklisted, would he ever be able to return if he was deported prior to resolving the warrants? Thank you.

 

[Proserpina]

The second part of our situation is that my husband has an ICE status of Remove. We are trying to determine what is the best approach to managing this delicate situation. We would like to go to FL and resolve the warrants, but are concerned ICE will pick him up during the process. I am unsure what the likelyhood is of that but would think it's reasonably high. If they deport him and he is blacklisted, would he ever be able to return if he was deported prior to resolving the warrants? Thank you.

There's more chance of being re-admitted if he leaves voluntarily.

Then again, it depends on why ICE is involved in the first place.

 

[CdwJava]

The second part of our situation is that my husband has an ICE status of Remove.

That's entirely different and generally will not result in an arrest. But, if he is arrested for something else, in many counties he could be held pending a handover to ICE.

We are trying to determine what is the best approach to managing this delicate situation. We would like to go to FL and resolve the warrants, but are concerned ICE will pick him up during the process.

Yeah, that's possible. The feds tend to take a dim view of immigrants who are felons.

I am unsure what the likelyhood is of that but would think it's reasonably high. If they deport him and he is blacklisted, would he ever be able to return if he was deported prior to resolving the warrants? Thank you.

He would have to consult an immigration attorney. Chances are, if he has unresolved felonies or any felony convictions, he will not be permitted to return.

Oh, and is he really your lawfully wedded spouse? Of, is he someone you call "husband" but is really a boyfriend?

 

[davew128]

The second part of our situation is that my husband has an ICE status of Remove.

Where EXACTLY are you located? Need a street address please.

 

[gqpublic]

CdwJava , Thank you for your replies.