Failure to Comply Warrant

[Ameliainco]

Hello all.

I recently found out(pre employment background check) that I have a warrant out for my arrest in ND for failure to comply with the terms of my probation for a misdemeanor marijuana possession charge from around 5 years ago. I did most, if not all of the community service, but the fine was not paid off. I know i made the situation worst by not complying, but then I put it out of my head and eventually forgot about it. I am trying to deal with this and get it taken care of ASAP, but I moved out of state to Colorado around 9 months ago don't know when or if I'll be able to make it back to ND to deal with it. I was beginning the process of hiring a lawyer back in ND to try to get the warrant quashed when things got more complicated.

My workplace was robbed last week while I was at work and a detective wants to speak with me about the details tomorrow. I have not been able to eat or sleep since I found this out, I am so nervous that when I show up to talk to this detective I will be arrested and extradited back to North Dakota.


So that is the backstory, and now I have a few different questions, any help with any of them that anyone can offer is greatly appreciated:
1) Is it possible to get a warrant quashed for this type of infraction from out of state? I am able to pay the remainder of the fines right now,( and even found out I can do it online right now)

2) If it is even possible to do, what is the soonest that it could be accomplished?

3) When detectives are meeting with witnesses to a crime, do they run a background check on the people they talk with beforehand?

4) Is there any way to get more information on my warrant other than calling the courthouse or those scam my seeming background check sites?


5)I've been looking around the forums a bit and have seen a few people mention that there are instances where the warrant won't show up out of the state it was issued, or even if it does show up you aren't always arrested because of the specifics of the warrant/crime. Are these true, or urban legends?


Again, I plan on seeking legal help ASAP to get the warrant taken care of and was going to just pay the fine today so that much is done at least, but now with the new development of meeting with this detective I don't know how best to proceed since I cannot afford an attorney both here and in ND. Thanks for reading this far, and thanks in advance for any advice that anyone is able to offer.

 

[justalayman]

There is no basis to quash the warrant so don't expect that taking place. It is issued for a valid reason.

Whether the warrant will show up or not will likely be based on whether ND is willing to extradite for this matter.


Either you completed the community service or not. Most people that have completed it are clearly aware of that fact. If you finished most of it, that means you didn't finish it. If you have not paid fees, then you haven't paid them. Bottom line; if you did not complete the terms of your probation then your probation can be revoked and incarceration which was waived in contemplation of you competing your probation can be reinstated.


I don't know any way to deal with this without attending court in ND so unless you plan on going there, then no, you really do not intend on taking care of the situation.


If you get arrested in Colorado for this you won't need an attorney in Colorado. Colorado is only holding you pending your extradition. Not much you can do in Colorado so if they do arrest you, just sit back and enjoy the ride back to ND.

 

[HighwayMan]

Whether the warrant will show up or not will likely be based on whether ND is willing to extradite for this matter.

My experience has been that they always show up regardless.

 

[dave33]

Call the clerk from which the warrant was issued. It may be a bench warrant for fines, in that case you may be able to pay the fine in full and discharge the warrant. If the warrant is a violation for not meeting the terms of the probation it will be more difficult to resolve. Either way you should call and find out. As for the warrant, anything is possible but I have never seen anybody extradited for a misdemeanor. Although you may not be extradited it can still be problematic in many ways.

 

[Mt_Vernon]

Hello all.

I recently found out(pre employment background check) that I have a warrant out for my arrest in ND for failure to comply with the terms of my probation for a misdemeanor marijuana possession charge from around 5 years ago.

My workplace was robbed last week while I was at work and a detective wants to speak with me about the details tomorrow.

Does your employer know about the warrant? If yes, when the employer contacted the police and the meeting with the detective was arranged, did the employer tell the police about your warrant?

The detective can certainly take your ID and ask his dispatcher to run a background check on you, to check you for warrants. I would suggest that you invoke your 5th Amendment right to not speak with the detective. You may get fired from your job, but that's probably better than being arrested and being extradited.

 

[OHRoadwarrior]

What info do you need? You were on probation, violated it and they issued an arrest warrant. No extra info needed.