What is the name of your state? california at present but involving arizona......my daughter was picked up for a warrant from arizona....she is being held in california and i wanted to know how long will they holod her for arizona ?
I had a relative go through this process years back and I don't believe anything has changed since, so here's what I believe she will be dealing with in the extradition process.
Once she's picked up for the out of state warrant, the state where the warrant was issued is notified. They will then decide whether it is worth the trouble to pick her up or not. If they do plan on picking her up, they will request California to put a hold on her. She will then be given an extradition hearing before a California judge in the county she is being held in. The extradition hearing is basically her opportunity to dispute or confirm the fact that there is an outstanding warrant for her arrest in Arizona. She will then be given the choice of fighting the extradition, or, if she knows these warrants exist and they are not someone else's who shares the same name, she can choose not to fight the extradition process. This extradition hearing usually happens within one week of being picked up on the outstanding warrant(s) if Arizona does plan on picking her up.
If she chooses not to fight Arizona and waives the extradition, Arizona will have thirty days in which to come pick her up. If they don't pick her up in thirty days, she will be released. If she does fight them and Arizona is forced to go through all the motions to legally extradite her, she can be held in California for ninety days.
A person will usually not fight extradition when they know that the warrants are legitimate, unless they are looking at facing a long sentence. Then they will fight it with the hopes that the state wishing to extradite them, can't get it done in ninety days, but I've never heard of a case where someone was able to avoid extradition because they couldn't get it done in ninety days. At least not when it involved felony charges for a violent crime.
Also, if a person fights extradition, they do not receive credit for the time they are serving while they are waiting to be extradited. If a person
does not fight extradition, they do receive credit for the time they are being held in whatever state they are picked up in. So whatever Arizona is going to eventually sentence your daughter to, she is currently receiving credit from Arizona, for the time she spends in custody here in California.
...it also appears that 3 years ago she had a minor case at the local beaches which are about 150 miles away and they have put a 2500 bail amount for her also
If these are also felony charges, then she will have to post bail or wait until they come pick her up and bring her to the other county. If they are misdemeanor charges, I can't see any other county holding her, except the county that issued the warrant. Due to overcrowding issues, it's very rare for cities and counties to hold someone for another city or county, on a misdemeanor warrant. But I suppose it can happen. What county is she being held in and what county issued the warrants?
....the charges in arizona are drug related and listed as felonies but i have no doubt will bew dropped or reduced
I don't know why you believe the charges will be dropped in Arizona, I heard they were pretty tough. Anyway, if they don't plan on prosecuting her on whatever charges she's facing there, then they probably will not ask California to place a hold on her because they will not be picking her up or bothering with the extradition process. However, if they do issue the hold and come pick her up, I certainly don't believe it will be so they can drop the charges once they get her back in Arizona.
...she is being held for fta....on both the out of state and the out of county
Well if they are felony warrants this would tell me that she was arrested then possibly released on her own recognizance or on a signed promise to appear. Then she failed to do this. This does two things, it gives her another charge to answer to and receive the punishment for in either additional jail time or fines or both. It also disqualifies her to be considered for OR release again. She will be required to post bail if she wants to be released while she's waiting for trial this time. It will also mean that if she is arrested in the future she may not be able to get an OR release because of this track record of not appearing once she's released.
...she has never been in trouble before and she has an 11 year old who is with me at this time...he has been with her until yesterday....
Don't take this the wrong way, but I've noticed that about 99% of the cases posted on this site, concern suspects who have never been in any trouble before. Yet they are in custody in one county and have multiple warrants out of state and in other counties. I could never figure out how they managed to get these warrants issued, if they never got in trouble?
Anyway, I can tell you that a court does look at a persons criminal history when deciding on their sentence and a first time offender will generally receive a lesser punishment and/or the opportunity for diversion. However, it doesn't help her case any when they are forced to pick her up in California and drag her to Arizona to answer to her charges. So the clean record would have held more weight and worked more in her benefit had she gone to court when she was originally scheduled to appear.
she just started working here and has been clean for 3 weeks....what are her chances and what should we expect????
sincerly,
her concerned mother
I don't know what you should expect, but I know what you should plan for. You should plan on her being picked up and brought back to Arizona to answer to her charges. You should also plan on her being found guilty of the charges, or, if she has no prior arrests, receiving some sort of drug diversion classes and being placed on probation for several years. You should expect that she will be required to pay for the costs of classes and the cost of being monitored by the probation department, as well as any other court costs, such as booking fees, extradition and transportation costs etc.
If she does receive drug diversion, she will be placed on formal probation, which is usually ordered to take place in the offending state, in your daughters case, Arizona. So if she plans on living in California, she will have to go through the process of having her probation transferred to California. Sometimes this can be done successfully, sometimes not. If California refuses to take her case, then she will have to remain in Arizona while she's on probation and attending classes. If she leaves the state, she can be in violation of her probation and end up right back in jail. If California does agree to accept her, then she will most likely have a monthly fee to pay for them doing so and she may have to mail a probation report to Arizona every month as well.
So hope for the best but plan for the worse.
Also she should be aware, that even if Arizona does not place a hold on her and pick her up, the warrant will not go away. It will still show as being outstanding in the system and will always come up whenever the police run her name. So, she can be picked up on it over and over again until she eventually goes to court in Arizona to get it resolved.
As far as her being clean for three weeks, well I wish her luck. But you should know that if she's been using for a considerable time, three weeks is usually how long it takes before they can get out of bed. Don't start believing she's shaken a habit before at least a year has passed. Then she'll be on her way to recovery.....
Good luck.
