Felony Arrest Warrant for Arrears - Sherrif won't execute.

[bl6394]

What is the name of your state (only U.S. law)? Missouri and California

Just got an odd call from a Detective working for the St. Louis County Prosectors office this morning.

• A Felony Warrant is outstanding for my ex-wife for unpaid arrears in St. Louis County, MO. No extradition restrictions - St. Louis County is willing to extradite.
• CSE has located an address in Oakland, CA for the NCP.
• The St. Louis County Prosecutor asked the Oakland Sherrif to enforce the warrant.
• The Oakland Sherrif refused - and advised that they don't roll cars on felony warrants of this sort.

The Detective was apologetic and said he'd never seen anything like it in his 15 years in law enforcement. My attorney is amazed; if it was him or I, he said, we'd be in "maximum Security."

I suspect that if the Oakland Sherrif is refusing requests from their peers in St. Louis - there is little more a Missouri resident can do from 2000 miles away.

However, I'd appreciate any thoughts or observations that the forum would care to share.

Cheers.

 

[Antigone*]

What is the name of your state (only U.S. law)? Missouri and California

Just got an odd call from a Detective working for the St. Louis County Prosectors office this morning.

• A Felony Warrant is outstanding for my ex-wife for unpaid arrears in St. Louis County, MO. No extradition restrictions - St. Louis County is willing to extradite.
• CSE has located an address in Oakland, CA for the NCP.
• The St. Louis County Prosecutor asked the Oakland Sherrif to enforce the warrant.
• The Oakland Sherrif refused - and advised that they don't roll cars on felony warrants of this sort.

The Detective was apologetic and said he'd never seen anything like it in his 15 years in law enforcement. My attorney is amazed; if it was him or I, he said, we'd be in "maximum Security."

I suspect that if the Oakland Sherrif is refusing requests from their peers in St. Louis - there is little more a Missouri resident can do from 2000 miles away.

However, I'd appreciate any thoughts or observations that the forum would care to share.

Cheers.

Not surprising at all. The Oakland sherrif has a lot of their hands. The Raider fans alone keep them busy 24/7.

 

[Zigner]

Law Enforcement isn't going to hunt him down. As was mentioned, they don't have the resources for that.

Make sure that the warrant is "in the system" in California. Your attorney should be able to help coordinate this. If he gets stopped (for speeding, etc.) or has some other contact with law enforcement, the warrant should show up and he should be arrested.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Missouri and California

Just got an odd call from a Detective working for the St. Louis County Prosectors office this morning.

• A Felony Warrant is outstanding for my ex-wife for unpaid arrears in St. Louis County, MO. No extradition restrictions - St. Louis County is willing to extradite.
• CSE has located an address in Oakland, CA for the NCP.
• The St. Louis County Prosecutor asked the Oakland Sherrif to enforce the warrant.
• The Oakland Sherrif refused - and advised that they don't roll cars on felony warrants of this sort.

The Detective was apologetic and said he'd never seen anything like it in his 15 years in law enforcement. My attorney is amazed; if it was him or I, he said, we'd be in "maximum Security."

I suspect that if the Oakland Sherrif is refusing requests from their peers in St. Louis - there is little more a Missouri resident can do from 2000 miles away.

However, I'd appreciate any thoughts or observations that the forum would care to share.

Cheers.

OK. Of the Oakland sheriff doesn't want to make an arrest, you probably can't force him. I would suggest:

1. You will have to try every other tactic you can. Have you filed for tax refunds, bank accounts, etc to be seized?

2. I would call the Oakland Sheriff's office to ask them what they recommend. I'm sure it comes up regularly and they may have an option that would allow the warrant to be executed.

 

[OHRoadwarrior]

I would think it might possible to hire an off duty deputy to pursue the arrest.

 

[Zigner]

I would think it might possible to hire an off duty deputy to pursue the arrest.

Is that within policy at the Sheriff Department?

 

[mistoffolees]

I would think it might possible to hire an off duty deputy to pursue the arrest.

I was thinking something along those lines, but don't know if the state policy allows for it. That's why I suggested calling the Sheriff's office to see what options they could provide.

 

[bl6394]

Zigner:

The felony warrant is entered in NCIC - without extradition restrictions.

Others:

All remedies with the home state Title IV-D agency (in MO) have been exhausted:

1. Credit Reporting
2. Drivers lic. suspension
3. Income tax intercept
4. Civil Contempt Proceding
5. etc...

This resulted in the MO Title IV-D Agency referring the case to the St. Louis County Prosecutor who then filed the Felony Charge. The case remains in the status of an open referral with the St. Louis County Prosecutor - until the warrant is executed.

An interesting effect of the referral is that the MO Title IV-D Agency will not take any further action (including interstate referrals to the CA Title IV-D Agency) - until the referral is closed. The St. Louis County prosecutor and I discussed CSE's position. We agree it’s ridiculous - but it will take a written appeal to the Title IV-D Agency to compel them to continue interstate enforcement with the arrest warrant is pending. I'd wager this might be a year of my time - to get that position reversed and compel the MO Title IV-D agency to request the CA Title IV-D agency to start looking for assets or wages in CA.

It’s fair to say that Law Enforcement would prefer to execute felony arrest warrants in traffic stops. However, given the NCP has a suspended license - and does not appear to own a car - the traffic stop scenario is unlikely. If the outstanding warrants for the past 4 years are an indication, this felony arrest will not be executed any time soon.

It would seem that the only practical suggestion would be to escalate the matter with the Oakland Sherriff: either to appeal their position - or perhaps pay them something extra to cooperate with the St. Louis County Prosecutor.

That sounds like something I might have done in my youth as a Peace Corps volunteer in W. Africa. Give the gendarmes a little something extra so they would do their job.

Thanks for your thoughts.

 

[mistoffolees]

All remedies with the home state Title IV-D agency (in MO) have been exhausted:

1. Credit Reporting
2. Drivers lic. suspension
3. Income tax intercept
4. Civil Contempt Proceding
5. etc...

This resulted in the MO Title IV-D Agency referring the case to the St. Louis County Prosecutor who then filed the Felony Charge. The case remains in the status of an open referral with the St. Louis County Prosecutor - until the warrant is executed.

An interesting effect of the referral is that the MO Title IV-D Agency will not take any further action (including interstate referrals to the CA Title IV-D Agency) - until the referral is closed. The St. Louis County prosecutor and I discussed CSE's position. We agree it’s ridiculous - but it will take a written appeal to the Title IV-D Agency to compel them to continue interstate enforcement with the arrest warrant is pending. I'd wager this might be a year of my time - to get that position reversed and compel the MO Title IV-D agency to request the CA Title IV-D agency to start looking for assets or wages in CA.

It’s fair to say that Law Enforcement would prefer to execute felony arrest warrants in traffic stops. However, given the NCP has a suspended license - and does not appear to own a car - the traffic stop scenario is unlikely. If the outstanding warrants for the past 4 years are an indication, this felony arrest will not be executed any time soon.

It would seem that the only practical suggestion would be to escalate the matter with the Oakland Sherriff: either to appeal their position - or perhaps pay them something extra to cooperate with the St. Louis County Prosecutor.

That sounds like something I might have done in my youth as a Peace Corps volunteer in W. Africa. Give the gendarmes a little something extra so they would do their job.

Thanks for your thoughts.

That's not what you'd be doing - and I would strongly suggest that you not even suggest it. Attempting to bribe a police officer is a crime.

Ask if they have a policy for off-duty officers to do this for a fee or if there's any other agency which can do it. That's a long way from bribing them to do something.

 

[bl6394]

That's not what you'd be doing - and I would strongly suggest that you not even suggest it. Attempting to bribe a police officer is a crime.

Ask if they have a policy for off-duty officers to do this for a fee or if there's any other agency which can do it. That's a long way from bribing them to do something.

Of course, mistofflees. We didn't call them bribes there either. Just recognizing the irony. Hence the smiley face:

 

[Silverplum]

Of course, mistofflees. We didn't call them bribes there either. Just recognizing the irony. Hence the smiley face:

It's one thing to be amusing; it's another to bribe, or attempt to bribe, a police officer.

Be sure you have the two straight.

 

[bl6394]

It's one thing to be amusing; it's another to bribe, or attempt to bribe, a police officer.

Be sure you have the two straight.

Yup. Attempting to bribe a police officer is a bad thing in most places. Almost goes without saying. Anyone considering it - please DON"T!

Bringing the thread back on track.

As a final update - I did reach out to the Alameda County Sherriff's Department.

They would only be inclined to actively pursue warrants involving serious crimes against persons - and even then only when the had confidence in the location information being provided.

Outside of traffic stops or other random contact, no other process exist (off duty police officers, etc.) to execute the warrant. It is what it is.

Cheers.

 

[Silverplum]

As a final update - I did reach out to the Alameda County Sherriff's Department.

They would only be inclined to actively pursue warrants involving serious crimes against persons - and even then only when the had confidence in the location information being provided.

Outside of traffic stops or other random contact, no other process exist (off duty police officers, etc.) to execute the warrant. It is what it is.

Cheers.

So a direct phone call solved your problem.

 

[mistoffolees]

So a direct phone call solved your problem.

Well, it didn't really solve the problem, but it told him that this route wasn't going to work.

Frankly, this may end up as one of the cases where NCP gets away with not paying. I would terminate the arrest warrant (since it's not going to do any good) and allow your state CSE to pick it up again.

 

[Silverplum]

Well, it didn't really solve the problem, but it told him that this route wasn't going to work.

It was a heckuva lot quicker and more efficient than asking US.