Assault Warrant From a Different State

[Gr8LakesChick]

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

My 24 year old daughter has been living in Virginia for the past two years. Her boyfriend beat her up last week and she pressed charges against him. She was taken to a women's shelter and I then flew her home to Michigan. After getting here to Michigan, she found out that the boyfriend has pressed charges against her as well and that there is now an assault and battery warrant out for her arrest. The state has picked up the charges on both cases. The commonwealth attorney said she could not give any information on the case until my daughter turned herself in and went before the magistrate. The police department has told her the same thing. She left Virginia with only the clothes on her back. She does not have the financial means (nor do I) to keep returning to Virginia to face the charges.

What are her options? Will she be extradited to Virginia? Is this something she can resolve from here?What is the name of your state (only U.S. law)?

 

[dave33]

If she has a warrant in Virginia the only way to resolve this is to return and go through the court process. I do not know the statute which she was charged. That is important to determine if she was charged with a felony or misdemeanor. Usually with mis. they will not extradite, although that is not written in stone. It sounds very possible because of the battery they may extradite. Returning on your own is a better proposition for several reasons. Mostly because she will spend time in jail in Michigan waiting for Virginia to pick her up. None of that time counts until she signs the extradition papers. I do not know how much time Mich. will give Vir., but it could be around a month or more. Than when she gets to Vir. the judge may not let her out until the resolution because of the fugitive warrant. This charge may not require 1 day in jail even with a guilty plea so all that time would be for nothing. This is assuming it is a felony. Determining the severity of the charges is the single most important factor when trying to determine if this will likely be an extraditable situation.goodluck.

 

[Gr8LakesChick]

Thank you for the adivce Dave. I didn't think about the time she might spend in jail here waiting on Virginia.

 

[Gr8LakesChick]

How should she plead?

Dave, do you think she should plead guilty?

 

[Isis1]

Dave, do you think she should plead guilty?

is she guilty of the charges?

 

[dave33]

There are to many factors that I am not aware of. I couldn't give a responsible opinion with what limited information I have. It would seem because of the limited money and the geographic issue she will have to way her options. Being put on probation in another state(guilty plea) they usually require you to stay in the state until your probation is formally transferred. Also pleading not guilty will be time consuming. My advice with what info. I have is plead not guilty ask for a public defender(attorney provided by the state) and feel the situation out. If this is a felony than maybe she could get it reduced and plead guilty to a lesser charge just to get this over with. At this point there are too many unknows and she should not blindly plead guilty(regardless of guilt or innocence) until she has an idea of what the sentence may be. Unfortunately she will have to go through the process. She will need the assistance of an attorney.goodluck

 

[Gr8LakesChick]

She says she was defending herself and that the boyfriend only pressed charges to make himself not look so guilty. I have suggested she turn herself in, get a court appointed attorney and go from there. Thank you!