Bail and Extradition Warrant

[lividmom]

What is the name of your state? Tx

The suspect that committed aggravated sexual assault on my daughter finally turned himself in to authorities. He was arrested in California on a fugutive warrant and is supposed to wait in jail until he is extradited. I found out today that the judge in San Diego has agreed to let him out on $25,000 bail. Can they do that even if there is an extradition warrant and who is responsible if he never shows up in Texas to face the charges?

 

[CdwJava]

What is the name of your state? Tx

The suspect that committed aggravated sexual assault on my daughter finally turned himself in to authorities. He was arrested in California on a fugutive warrant and is supposed to wait in jail until he is extradited. I found out today that the judge in San Diego has agreed to let him out on $25,000 bail. Can they do that even if there is an extradition warrant and who is responsible if he never shows up in Texas to face the charges?

It means that he may be fighting the extradition. That will only delay his transfer but won't likely prevent it. And if TX didn't show up in a timely manner (ten days, I believe), then he likely has a right to "reasonable bail". And if there are no charges pending in CA we can't hold him indefinitely.

Have you contacted your investigating agency and asked them?

- Carl

 

[lividmom]

Thanks Carl! He has only been in jail since yesterday and the San Diego inmate website said that he was eligible for bail as soon as they had him in the system. There was supposed to be a hearing tomorrow morning, but now I see that it has been posponed until next Thursday. The investigators, here in Texas, are ready to go and get him now. They were just under the understanding that no bail would be offered (especially not immediately). If they rescheduled the hearing, does that mean that they have to wait until then to go and get him?

 

[CdwJava]

Thanks Carl! He has only been in jail since yesterday and the San Diego inmate website said that he was eligible for bail as soon as they had him in the system. There was supposed to be a hearing tomorrow morning, but now I see that it has been posponed until next Thursday. The investigators, here in Texas, are ready to go and get him now. They were just under the understanding that no bail would be offered (especially not immediately). If they rescheduled the hearing, does that mean that they have to wait until then to go and get him?

The other possibility is that bail is for any new offenses he is facing in CA. The TX warrant may be a no bail warrant. I just don't know without seeing the warrant.

The investigators need to contact the San Diego County Jail (whichever facility he is being held in - likely Vista or Central - and then find out what is happening.

The other possibility is that it's a big foul-up some how. It wouldn't be the first time.

- Carl

 

[lividmom]

Thanks again! I do not think that there are any charges pending in California. It was my understanding that because it is an aggravated sexual assault that the Texas warrant is no bail. At least when he finally gets back here. Do the investigators have to wait until he has his hearing in San Diego before they can go and bring him back? It would not surprise me if he was fighting the extradition. He has already used every delay tactic available to even go for his questioning and turning himself in.

 

[CdwJava]

Thanks again! I do not think that there are any charges pending in California. It was my understanding that because it is an aggravated sexual assault that the Texas warrant is no bail. At least when he finally gets back here. Do the investigators have to wait until he has his hearing in San Diego before they can go and bring him back? It would not surprise me if he was fighting the extradition. He has already used every delay tactic available to even go for his questioning and turning himself in.

If he's fighting the extradition, he could not be sent to TX until the case has been heard. It's a formality, but it might add a couple weeks to the whole deal. Though I have honestly never heard of allowing bail on an out of state warrant where extradition is pending ... but, I suppose it's possible.

Your local agency will be able to get a handle on it by calling the San Diego County Sheriff's Office and checking with them.

- Carl