Out Of State Warrant Issue

[wiseguy53]

What is the name of your state? West Virginia

I received a letter that contained a notice that a capias warrant had been issued on me, along with a copy of the warrant, for failing to appear at a court hearing. They claim that I was summoned via classified mail although I never received, nor signed for, the letter. The hearing was for failing to pay prior court costs ($47.00).

I live in West Virginia and the warrant is from the state of Ohio. My question is, what likely steps will Ohio take in order to arrest me in West Virginia? Also, is there a way to resolve this without traveling to Ohio?

Thanks

 

[reyn562]

The State of Ohio is not going to bother to extradite you on this particular offense. This is a misdemeanor case and states do not extradite from another state for misdemeanor cases. In only a few circumstances with the extradite from another county within the State, so they certainly won't extradite from different State.

It is unlikely this will happen, but you may suffer some inconvenience if you are ever stopped by a law enforcement officer because your name may show a warrant from Ohio for this case, and police may take you to jail. But if this happens you will only be released after maybe a couple of days because Ohio will not touch you.

Why don't you just pay the $47 and get it over with? If you do not have an income or are on a fixed income and cannot afford the $47, you can file a motion with the court to ask them to give you community service hours in lieu of the court costs.

Good luck with your case.

 

[wiseguy53]

Why don't you just pay the $47 and get it over with?

Thank you for your response. I thought that it was already paid as I sent them a check in November of 2004. Apparently the check did not reach them and I am unable to locate the canceled check or proof that it was cashed. Do you think they will accept the payment now without me traveling to Ohio? I don't want to go there and then be arrested.

Thanks Again

 

[reyn562]

You might try, it wouldn't hurt: just make sure that you send a certified mail containing a money order from a legitimate source, such as Western Union or the post office. Make sure that you send a piece of paper that contains the case number, or better yet do this: write a letter to the judge that issued the warrant, and send it with the money order. Then, in a couple of weeks you should receive in the mail an order which recalls the warrant.