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  #1  
Old 11-25-2005, 01:53 AM
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Federal Misdemeanor Warrant


What is the name of your state?Virginia

I was arrested by the Pentagon Police Force, a federal agency, and was charged with DWI, DUI, and driving the wrong way down a one-way. I know that these are misdemeanors, and they are considered "assimilated crimes" under federal law, so the U.S. District Court will use the sate law of Virginia. VA considers the first offense to be a civil offense punishable by fine and loss of driving priviledges. If I do not show up for court, and a warrant is issued, will the misdemeanor warrant be pursued in other jurisdictions? Or, will it be treated like state misdemeanor warrants, and only pursued in the state where the crime was committed?
  #2  
Old 11-25-2005, 03:26 AM
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It depends whether or not extradition is going to be done. If they are not going to extradite, then the warrant will be kept in state and, perhaps, even just in county.

- Carl
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"Make mine a double mocha ...
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He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 11-25-2005, 08:15 AM
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Quote:
Originally Posted by boitoiva
What is the name of your state?Virginia

I was arrested by the Pentagon Police Force, a federal agency, and was charged with DWI, DUI, and driving the wrong way down a one-way. I know that these are misdemeanors, and they are considered "assimilated crimes" under federal law, so the U.S. District Court will use the sate law of Virginia. VA considers the first offense to be a civil offense punishable by fine and loss of driving priviledges. If I do not show up for court, and a warrant is issued, will the misdemeanor warrant be pursued in other jurisdictions? Or, will it be treated like state misdemeanor warrants, and only pursued in the state where the crime was committed?
Quote:
Originally Posted by boitovia
reposted from another thread

I am an Asst. Solicitor General for the U.S.,
A US Goverment employed attorney is seriously considering not appearing in court as ordered?

I am shocked and dismayed.

(Okay, maybe not all that much)

___________________________________________________

1*
  #4  
Old 11-25-2005, 08:34 AM
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If it's issued by a federal court then it's a federal warrant. I don't see why the US Marshal's Service would have any problem going anywhere in the country to go get you. Why would the marshals need to extradite someone from one state or district to another. A person caught anywhere would still be within the jurisdiction of the court. Wouldnt' they?
  #5  
Old 11-25-2005, 01:53 PM
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However, it may be filed with a state court and not a federal court. I really don't kow how these things work, but I know that when I have worked near federal property (a military base and now, a National Forest) misdemeanors and some felonies generally charged in county court rather than federal. So if the DUI is charged in state court, it won't be a federal warrant.

But, I don't have a lot of experience with these state-federal crossovers.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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