Out-of-state warrant from almost 30 years ago

[coalthedog]

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

I have an outstanding, non-extraditable warrant from Pinellas County in Florida from 1989 which I just recently found out about. The warrant is for violation of probation for a felony. I was told by the court clerk in Florida that the only way to resolve it is to show up in Florida and turn myself in. I live in Virginia and a trip to Florida would cause financial hardship to my family. I have led a clean life ever since my incarceration, married with two children and a great job. I did find some information online saying that if I write a letter to the State Attorney for Pinellas County stating all my information and why I cannot come to Florida, that he might possibly resolve the warrant, seeing as how old it is, but there are no guarantees. Is this possible or should I hire a lawyer instead? Thank you.

 

[LdiJ]

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

I have an outstanding, non-extraditable warrant from Pinellas County in Florida from 1989 which I just recently found out about. The warrant is for violation of probation for a felony. I was told by the court clerk in Florida that the only way to resolve it is to show up in Florida and turn myself in. I live in Virginia and a trip to Florida would cause financial hardship to my family. I have led a clean life ever since my incarceration, married with two children and a great job. I did find some information online saying that if I write a letter to the State Attorney for Pinellas County stating all my information and why I cannot come to Florida, that he might possibly resolve the warrant, seeing as how old it is, but there are no guarantees. Is this possible or should I hire a lawyer instead? Thank you.

If I were in your shoes I would hire an attorney if at all possible.

 

[single317dad]

There may be multiple issues that all need to be addressed here, including the Statute of Limitations (and the fact that it is tolled while you're out of state) and passage of excess time.

Why was your probation violated? If it was because of unpaid fees, then try contacting the probation office to see if you can pay those. It will be very much in your interest to pay those fees in full.

Did you speak to the specific clerk of the actual court your case is in? You may be able to get a hearing on the court calendar without being processed in jail.

If you were violated for another reason, be ready to prepare a defense or pay a Florida attorney. If you have to turn yourself in, see if you can post bond so you're processed out quickly.

 

[Mass_Shyster]

I had a client with a similar situation. He had been arrested twice about ten years ago in New England based on an old (early 1980's) Florida Warrant for violation of probation. Both times, he spent the weekend and Monday night in jail. Tuesday he spent all day in the lockup in the courthouse. At the end of the day, the judge called him in, asked if there was anyone in the court willing to take custody of the prisoner. When nobody spoke up, the judge released him.

He came to me to help him to clear things up. After a little investigating, I found that the Florida Court had vacated his conviction of the violation of probation and recalled the warrant a few years ago.

He had never contacted Florida. The Florida court did it on their own.

Based on that story, I would guess there's a good chance they may do something similar for you if you ask nicely. You may be better off asking through an attorney.