Extradition/Bench Warrant

[lividmom]

What is the name of your state? TX/California

I will give you the short version of the story. Suspect for aggravated sexual assault arrested in California on a fugitive of justice warrant from Tx. Suspect is fighting extradition and was released on bail. He was supposed to appear in court a week later. He failed to appear and now a bench warrant has been issued. My question is when they finally pick him up again (I'm not sure why they haven't since they know where he lives) will they then be able to immediately extradite him or will this delay him coming back to Texas until the failure to appear matter is settled in the California courts?

First thing you need to be concerned about is getting him picked up again. Go to the cop shop that has the warrant and knows where he is...every day, twice or three times a day if necessary. Be nice and polite and ask them why he hasn't been picked up. Keep doing this till he is picked up.

The answer to your question is they will probably start where they left off. Of course, no more bail now.

[CdwJava]

Originally Posted by lividmom

What is the name of your state? TX/California

I will give you the short version of the story. Suspect for aggravated sexual assault arrested in California on a fugitive of justice warrant from Tx. Suspect is fighting extradition and was released on bail. He was supposed to appear in court a week later. He failed to appear and now a bench warrant has been issued. My question is when they finally pick him up again (I'm not sure why they haven't since they know where he lives) will they then be able to immediately extradite him or will this delay him coming back to Texas until the failure to appear matter is settled in the California courts?

There could be any number of reasons why they haven't. If all they have to go on in CA is the FTA bench warrant, that is a low level misdemeanor, and they are not likely going to get a SWAT team to beat down his door to get him. And knowing where he lives, and proving that is his residence for purposes of a forced entry, are different matters.

In CA we would need a seperate search warrant for a residence not that of the suspect ... so if the address where he is staying is not a residence where the suspect is legally residing (rents, owns, or has as an official residence), it presents a sticky situation with regards to forcing entry.

I agree with Seniorjudge - you need to call the issuing agency and find out why they haven't picked him up on the warrant. You may find that there is more to the tale than you think.

- Carl

[lividmom]

They have the fugitive warrant from Texas and then a seperate bench warrant from San Diego for failure to appear (which was a condition of his bail). They know that the address they have is his legal residence because they had to take him there so he could change out of his uniform when he finally went to turn himself in (after NCIS demanded that he do so). The problem may be that he is living on base. Do you think that me calling the Sheriff's office will, in anyway, hurt the case in Texas? Thank you both for all of your help.

[CdwJava]

Originally Posted by lividmom

They have the fugitive warrant from Texas and then a seperate bench warrant from San Diego for failure to appear (which was a condition of his bail). They know that the address they have is his legal residence because they had to take him there so he could change out of his uniform when he finally went to turn himself in (after NCIS demanded that he do so). The problem may be that he is living on base. Do you think that me calling the Sheriff's office will, in anyway, hurt the case in Texas? Thank you both for all of your help.

Calling them about a warrant won't have any effect on a case unless TX has told them to lay off for some reason (and I can't imagine why they would).

Living on base is no big deal - we used to work with the PMO all the time when I worked down there. There are likely other issues ... most likely that a misd. bench warrant, not endorsed for night service, is not a high priority for anyone. You might consider calling the PMO of the base he lives on and letting THEM know about the warrants ... if the warrants do exist.

- Carl

[lividmom]

Carl,
I looked up the warrant on the Sheriff's Department website and it gives the warrant #, the date of issue (the day after he was suppose to appear in court), felony, no bail and court appearance -mandatory.

[CdwJava]

Originally Posted by lividmom

Carl,
I looked up the warrant on the Sheriff's Department website and it gives the warrant #, the date of issue (the day after he was suppose to appear in court), felony, no bail and court appearance -mandatory.

Pass all the info on to PMO. They tend to take a dim view of wanted felons on a military base.

- Carl

[lividmom]

Thanks again Carl! If the PMO knows of the warrant - can they arrest him and send him to San Diego? They apparently preferred that he turn himself in on the fugitive warrant. They knew about it for three days and basically did nothing. The detective in Houston finally talked to NCIS and they were the ones that demanded that he turn himself in to Oceanside PD.

[CdwJava]

Originally Posted by lividmom

Thanks again Carl! If the PMO knows of the warrant - can they arrest him and send him to San Diego? They apparently preferred that he turn himself in on the fugitive warrant. They knew about it for three days and basically did nothing. The detective in Houston finally talked to NCIS and they were the ones that demanded that he turn himself in to Oceanside PD.

Ah! Well, now you're talking MY old stompin' grounds! He must be stayin' at Camp Pendleton.

Yeah, if you contact PMO they can pick him up and he can eventually be transferred to SD County. They can also kick him off the post and escort him to the gate where the OPD or the SDSO can be waitin' for him.

But, PMO could be a weird duck at times ... so they may not go get him. And the County may drag their feet to get him on base ... with so many warrants to be served, it might take a serious fire being lit under their feet to get them to act on it. Like a head honcho from the TX agency wanting him calling a Lieutenant or higher with the warrants division of the SDSO.

- Carl

[lividmom]

I am glad to hear that I am no the only one who thinks the military can sometimes be difficult to work with! You would think that they would not want him there, especially since the original charge is aggravated sexual assault of a child. The detective here in Texas can't wait to get him back here. They were ready to go and get him and then he started fighting the extradition process so that put everything on hold. The DA in San Diego (said) that she was surprised that he was granted bail since the Texas warrant requested no bail. He was originally scheduled to go to court the day after he posted his bail, but then they moved the date back a week. The DA told the detective hear that there was no way he would not show up for court and risk losing his bail and having another warrant issued. Well I knew he would. My fear is that he is running.