V
Virginian
Guest
My brother is on probation in Virginia under an Interstate Compact with California. As part of this probation he is required to take lie detector tests (VA requirement with the Compact says he has to comply with, though not allowed in Calif). His PO here in Va is on a 3-week vacation. There was a probation hearing in Calif (which we didn't even know about) and they issued a warrant for his arrest based on self-incriminating things they learned from the lie detector tests here in VA! (Like that he had one drink on New Year's Eve when he is supposed to totally abstain from alcohol----they would not have known any other way, as he is pee testing and has been negative.)
So now he has a bench warrant in California (showing mandatory hearing appearance), but lives in Va. Is there any way he can deal with this WITHOUT going back to Calif?
If he has to go to Calif he may very well lose his job if he is gone too long. (As part of the Interstate COmpact, he had to "waive extradition", but the Compact gives him a right to an extradition hearing here to establish "matters of fact", i.e. there is a warrant, he is the right person, etc.)
He is scheduled for another lie detector test this morning and we are thinking he should not attend, since a) he might be arrested on the spot and b) they will only use it against him! Isn't this a violation of 5th amend constitutional rights?
So now he has a bench warrant in California (showing mandatory hearing appearance), but lives in Va. Is there any way he can deal with this WITHOUT going back to Calif?
If he has to go to Calif he may very well lose his job if he is gone too long. (As part of the Interstate COmpact, he had to "waive extradition", but the Compact gives him a right to an extradition hearing here to establish "matters of fact", i.e. there is a warrant, he is the right person, etc.)
He is scheduled for another lie detector test this morning and we are thinking he should not attend, since a) he might be arrested on the spot and b) they will only use it against him! Isn't this a violation of 5th amend constitutional rights?