How long is the arm of State law for two felonies?

[kiddj2]

What is the name of your state? PA

My roommate, whom I've known for 25 years, has been falsely charged with two felonies in the State of PA. These are state charges from a local police department, there are NO Federal charges. We both live in a neighboring state.

For the past three years, he's been out on bail - which he posted himself - traveling there for the hearings, motions, etc. He's at his wits end, feels as though there's no use fighting them anymore, and wants to just give up on participating with them. Frankly, I don't blame him.

My question is: Since he is currently out of state on bail, what recourse does the State of PA have if he doesn't show up for something?

Since there aren't any Federal charges, can they still get the FBI or Marshals Service involved? My reading of the only federal law that I think would apply - Flight to Avoid Prosecution - says it applies only to persons who travel interstate to avoid the state court. If he's not traveling out of the state he lives - simply stays put - it doesn't apply, does it?

There's no bail bondsman involved, so I would assume no "Dog the Bounty Hunter" would come looking?

Besides putting his name in NCIC and having a flag on his driver's license, what else would they be able to do? Would I have to worry about federal agents or our state police breaking down our front door the day after he misses a date?

Private messages from this forum are allowed to me as well...

 

[LeeHarveyBlotto]

I'm not sure why you appear to believe that crossing the state line makes him out of the reach of everyone but "the feds".

The court in PA will call your local police of sheriff's office who will arrest your roommate and arrangements will be made to transport him back to where he's on trial.

 

[kiddj2]

Thanks for the response, but it doesn't work that way, from what I know.

If a warrant is issued for a person out of state, the governer of the state in which the warrant is issued must petition the governer of the other state to execute it. It's not a phone call.

Specifically, that's what I'm asking. Who has the jurisdiction, and who has arrest authority?

 

[xylene]

It is called EXTRADITION. Also reciprocity too.

The governor of both states does not have to be involved. I have no idea where you came up with this, but it is a fairy tale.

The police in your state CAN arrest him.

If he has any contact with law enforcement they almost certainly WILL arrest him

And, if they desire the police local or state police in your state/are can come get him. They do not need an engraved fugitive warrant from the governor.

Fleeing from legal proceedings is incredibly bad judgment, even for trivial matters. Fleeing felony prosecution is not something that is going to end well or soon. Courts rarely forget, forgive only those who participate, and computers remember forever.

It wouldn't surprise me if ID became a problem too, and soon.

PS - If you were looking for advice on how to flee justice, you won't find it here. Because there is no such advice.

 

[kiddj2]

I'm not looking for advice, I'm just looking for accurate answers. I apologize if I gave a different impression.

That fantasy answer came from his lawyer.

 

[xylene]

That fantasy answer came from his lawyer.

If his lawyer is advising him to flee justice and remain outside of a state where he has felony charges pending as a strategy, his lawyer is a retard at that.

The governors of TWO states do not need to be personally involved as signatories to execute an interstate fugitive warrant. Its an ordinary arrest warrant and extradition, not an interstate compact.

Now, it is possible for your friend to fight extradition... if arrested in whatever state your in. We'll say WV. If the WV cops pull your friend over, they run his sheet. Find he has a warrant. They will arrest him. Now he can just agree to be extradited OR he can fight it, which at best will result in some time in a WV jail while PA decides to pursue extradition or drop the matter. Which, for a multiple felon they won't.

AND the WV police or the local police could just come to the house and serve the warrant. That is of course at their discretion, but police departments don't ignore polite requests to capture felony evaders for an out of state warrant.

These aren't traffic tickets, these are felonies. You can't,

just give up on participating with them

That's totally stupid even with parking tickets, and its impossible for criminal felonies. They will find you. There is no 'out of state' technicality to hide behind.

 

[CameronNewport]

If his lawyer is advising him to flee justice and remain outside of a state where he has felony charges pending as a strategy, his lawyer is a retard at that.

The governors of TWO states do not need to be personally involved as signatories to execute an interstate fugitive warrant. Its an ordinary arrest warrant and extradition, not an interstate compact.

I don't think that is correct. I believe governors do personally sign extradition orders, and sometimes (though rarely) refuse to do so. It's not as simple as just arresting the accused and then shipping him off to some other state. Extraditing somebody is a process.

 

[xylene]

Extraditing somebody is a process.

True cam, everything is a process.

The process being that you stay a few extra days in jail in your state (which you'll never get credit for.) then shippend

Am I saying everyone should wave extradition. No. Consult with your ones own lawyer.

What I am saying is that if a person believes they are free from arrest and extradition to felony legal proceedings in another state because it would be a matter that required the personal intervention of 2 state governors... That is just not so.

 

[mommyof4]

And of course...

your friend can count on having charges added for skipping out. Not a good idea.

 

[CameronNewport]

What I am saying is that if a person believes they are free from arrest and extradition to felony legal proceedings in another state because it would be a matter that required the personal intervention of 2 state governors... That is just not so.

I agree to the extent that the 2 governors will go to the trouble of extraditing and therefore most people will not be free from arrest and extradition. But I disagree to the extent that 2 governors will not be involved.

The OP was correct that it's not phone call from a court to a police department (or whatever the other post stated).

 

[Zigner]

I'm willing to go out on a limb and say that the "rules" probably allow the governor of the state to set up a process whereby his *personal* approval is delegated.

 

[CameronNewport]

I'm willing to go out on a limb and say that the "rules" probably allow the governor of the state to set up a process whereby his *personal* approval is delegated.

That may be the case in most instances. The point is that the OP was correct that it is not as simple as a phone call. Governors (or their offices) do get involved.

The governor of the demanding state sends a warrant for the accused to the governor of the asylum state. The governor of the asylum state then decides whether to issue a warrant for the accused. Occasionally, the governor may refuse to extradite the accused.

 

[LeeHarveyBlotto]

I'm not looking for advice, I'm just looking for accurate answers. I apologize if I gave a different impression.

That fantasy answer came from his lawyer.

Then he needs a new lawyer for multiple reasons.

 

[LeeHarveyBlotto]

The OP was correct that it's not phone call from a court to a police department (or whatever the other post stated).

Incorrect. It is that simple to place him under arrest, which was the OP's question. Then comes extradition, which is a process that must run its course as you say, but 999,999 times out of a million, it WILL run it's course.

 

[CameronNewport]

Thanks for the response, but it doesn't work that way, from what I know.

If a warrant is issued for a person out of state, the governer of the state in which the warrant is issued must petition the governer of the other state to execute it. It's not a phone call.

Specifically, that's what I'm asking. Who has the jurisdiction, and who has arrest authority?

We got sidetracked away from your actual questions.

You are correct in your understanding of the process. The feds would not be involved, and neither would the demanding state's police. The police in the asylum state would have the authority to arrest you if the governor issues a warrant for your arrest (which he probably would after being requested to do so).