warrant limitations

[Shutdown]

What is the name of your state? California

In March and April of 1998 two warrants were filed for me for issuing bad checks. They were in two separate counties in Wisconsin and I had forgotten about them until recently when I was checking my record on the Wisconsin circuit court access website. I moved out to California before the warrants were filed to live. I did not move because of the warrants. One check was for seventeen dollars and the other was for thirty dollars. Is there a statute of limitations that would cancel out the charges so I can contact the DA’s offices to get the addresses of the two businesses so I can make restitution without fear of incarceration? If I do contact the DA on this will they extradite me? I want to pay back the money, but do not remember the name or address of either place anymore. Just not ever going back there is not an option. Thanks for your help.

 

[PrefersPrivacy]

Do what you can to get a lawyer working for you. Check fraud is taken more seriously these days (even if they're old charges) because in many states the laws have been strengthened due to identity theft. Truth be told, the court fees will likely cost you more than any restitution. Good luck.

PP

 

[Shutdown]

Thank you for the reply. Being disabled right now it is impossible to pay for an attorney so for now I will stay out of Wisconsin and try to make restitution for the checks.

 

[JETX]

"Is there a statute of limitations that would cancel out the charges"
*** No. Once the charges are filed, they last until such time as you are 'available'.

"If I do contact the DA on this will they extradite me?"
*** No one can answer that in fact, but it is very unlikely that a jurisdiction would spend the money (transportation, etc.) to extradite you over those relatively minor charges.

"I want to pay back the money, but do not remember the name or address of either place anymore."
*** You can contact them yourself and see if they will give you the information on the complainants, however there is a minor risk involved..... and the reality that your repayment will not affect the issue of the criminal charges.
Or, you might even be able to have someone else go to the local PD (with a FOI request if needed) and see if they can get a copy of the police report or complaint. That record should show the complainant information.

"Just not ever going back there is not an option."
*** Your return without resolving this could lead to your arrest if you are stopped by the police (traffic, etc.).

 

[Shutdown]

Thank you for your assistance. At the time of the check writing I had just lost everything and made a stupid mistake. I checked some stuff out and found that the check I thought was for seventeen dollars was actually for only two dollars and forty cents. I figure I will contact the DA and see what they want to do. Better to come clean about it. Last year I was pulled over for a speeding ticket out here in California and no mention was made about a warrant. I did not know about the warrant at the time of being pulled over and just thought about it today. I was ticketed so I know he ran me. One last question, is it possible that some warrants are not "listed" outside the state where the warrant is posted? I can't see why the CHP did not take me in with an active warrant. Thanks again for your help.

 

[JETX]

"is it possible that some warrants are not "listed" outside the state where the warrant is posted?"
*** For an outstanding warrant to be 'hit' on a traffic stop (called '10-28/29' - wants and warrants), the issuing jurisdiction would need to put the warrant into the NCIC (National Crime Information Center) computer.

Some jurisdictions enter them fairly quickly after issuance, some are slower and some don't enter them at all. Which of those your warrant(s) might fall under is purely up to the local county.

 

[phatbaldguy]

I have also discovered that if the crime is a misdemeanor it will not show up on the NCIC. Another thing, even if your crime is a felony, they usually enter into the NCIC which states that they are willing to extradite you from, a small crime such as yours would most likley be only "wanted" from the neighboring states where the crime was commited. A felony is legally extrditable from any other state in the US. And one other thing, even if they pick you up in a neighboring state, or the original state, they still might give you a court date and let you go.......but if you have a lot of "failure to appears" on your record, plan on sitting in jail until your trail. A lot of things depend on how crowded the jail is and how seriously they treat your crime.
Best of luck!

 

[JETX]

"I have also discovered that if the crime is a misdemeanor it will not show up on the NCIC. Another thing, even if your crime is a felony, they usually enter into the NCIC which states that they are willing to extradite you from, a small crime such as yours would most likley be only "wanted" from the neighboring states where the crime was commited. A felony is legally extrditable from any other state in the US."
*** Where the hell did you get that crap from?? It is simply NOT correct.

When I was an officer, I stopped suspects and found NCIC warrants on them for traffic tickets, clearly a lessor 'crime' than hot checks or fraud. And I have NEVER seen a state limit where it will extradite from. Once a stop gets a 'want/warrant' hit, he or she is detained (if department policy) and the issuing agency is called for a confirmation of the warrant and to determine if they are interested in extraditing. And this 'option' has nothing to do with the class of the crime.

"And one other thing, even if they pick you up in a neighboring state, or the original state, they still might give you a court date and let you go......."
*** More crap!! Do you really expect ANYONE to believe that an out of state police department will give you a court date for another jurisdiction??? What the hell tv shows have you been watching??

"but if you have a lot of "failure to appears" on your record, plan on sitting in jail until your trail. A lot of things depend on how crowded the jail is and how seriously they treat your crime."
*** More BS.

 

[Shutdown]

Thanks again. I also remembered that after the warrants were posted I was a passenger in a car that was pulled over in Wisconsin and was ID'd but was not taken in either. Because of my job out here before I was injured I have testified at court and even performed jury duty, but I would guess that they don't check you for warrants for jury duty. I have no "failure to appear's" at all and have a short record with only two misdemeanors on my record (one for criminal damage to property twenty years ago, and a disturbing the peace eight years ago) so I think I can work out something with the DA in each county. My biggest worry through this is my medical care if I were to be incarcerated. I take a large amount of Morphine and Percoset for pain and see doctors weekly. I don't know if those problems would be midigating factors in this as well. Thanks again for the help. Jetx, you were a police officer? Is it possible that some officers don't run a 28/29 on cars they pull over all the time or is that something you have to do on every stop? I would think he ran it since I was ticketed.

 

[phatbaldguy]

JET

The uniform code says "felonies and other high crimes such as treason" are extraditable. Misdemeanors are not. I have been arrested in another state for a felony warrant. After spending the night in jail they released me because the state I was wanted in refused to extradite me. Washington wanted me and Oregon had me. As they were booking me I looked at the teletype of the warrant and it was entered into the NCIC as OR-WA-ID only. Meaning Oregon, Washington and Idaho only.
Also if you really don't want to go back to another state you can refuse to waive extradition, then the prosecutor must go to his governor to get him to sign a "governors warrant". This takes about 45 days and is expensive. On a low priority crime.........
but you usually wait in jail while they sort it out.

 

[JETX]

"The uniform code says "felonies and other high crimes such as treason" are extraditable. Misdemeanors are not."
** What the hell 'uniform code' are you referring to??? And since 'treason' is not a state crime, presumably you are referring to some federal law, correct?? If so, it clearly would NOT apply in this case...... nor would there be an issue of interstate extradition.

"I have been arrested in another state for a felony warrant. After spending the night in jail they released me because the state I was wanted in refused to extradite me."
*** And what does that prove other than in YOUR case, the issuing state chose not to extradite???

"Washington wanted me and Oregon had me. As they were booking me I looked at the teletype of the warrant and it was entered into the NCIC as OR-WA-ID only. Meaning Oregon, Washington and Idaho only."
*** Nah..... you misunderstood that term. It means "Or WAtch IDiot". That means to watch the suspect since he has shown moments of idiocy in the past.
Actually, the fact that in your case the state might have clarified 'hold state', that does not necessarily mean what you origianlly claimed: "they usually enter into the NCIC which states that they are willing to extradite you from".

"Also if you really don't want to go back to another state you can refuse to waive extradition, then the prosecutor must go to his governor to get him to sign a "governors warrant". This takes about 45 days and is expensive."
*** Actually, it doesn't take near that long and it isn't expensive at all. A prosecutor simply FAX's a request. Costs about $5.00.

"On a low priority crime.........
but you usually wait in jail while they sort it out."
*** And that is true.

In summary, phatbaldguy made lots of statements as facts.... and is now back-pedaling in saying that they might not be fact, but 'kind of' applied in a specific case.

So, back to the OP:
"Jetx, you were a police officer?"
*** Yes, in my former life.

"Is it possible that some officers don't run a 28/29 on cars they pull over all the time or is that something you have to do on every stop?"
*** I have NEVER heard of a stop where an officer failed to run 28/29 on a vehicle or suspect. The main reason for running 28/29 on a subject is to alert the officer if the suspect has a reason to do harm to the officer or public (due to outstanding warrants, etc.).

 

[Shutdown]

I worked with a lot of police officers in Wisconsin and know that they do a 28/29 on all stops; it just did not make sense why this officer at the traffic stop here in California did not even mention the warrant. I thank you both again for your help, but I think the only way to make this all go away is to face up to it and call the DA in each county and hope that restitution will be enough and that since I am living out here in CA that the charges will be dropped, or is that just not something that will happen? If they did want to charge me, but not extradite me, they could not have California try me for it, could they? If they really wanted to prosecute but did not want to extradite would they just wait for me to get caught back there and then start the prosecution even if I had made restitution to the parties involved? I keep getting deeper in this, but since I don't know much about this stuff I figure this is the best place to ask. I don't mean to sound stupid, I am just not very educated in this area.

 

[JETX]

"it just did not make sense why this officer at the traffic stop here in California did not even mention the warrant."
*** As I noted before, not all violations or warrants are entered into the NCIC. It is purely up to the local policies.

"since I am living out here in CA that the charges will be dropped, or is that just not something that will happen?"
*** Considering all the factors, I doubt that any prosecutor would be interesting in proceeding on these minor cases.... especially if the complainant is paid.

"If they did want to charge me, but not extradite me, they could not have California try me for it, could they?"
*** No.

"If they really wanted to prosecute but did not want to extradite would they just wait for me to get caught back there and then start the prosecution even if I had made restitution to the parties involved?"
*** As noted above, possibly but unlikely.

 

[hexeliebe]

So, back to the OP:
"Jetx, you were a police officer?"
*** Yes, in my former life.
QUOTE]

ARRRGGGGGGG! IAAL being nice, the Jet a former cop. WHEN WILL IT END!!!!!!!??????????

IS there no balance in the cosmos?

Next you'll be telling me HG is a woman in men's clothing pretending to be a woman.

I can't take it anymore. I need a horse.

 

[Mike2004]

ARRRGGGGGGG! IAAL being nice,

Where? I dont believe it.