If a State Does Not Extradite, Is it a 6th Amendment Violation

[jsearcy]

My question involves criminal law for the state of: Oregon

I recently flew to OR and turned myself in on a 20 year old warrant for UUMV. Now I am trying to decide if I am going to try and pursue a speedy trial violation and beat it or if I should take a small plea and be done with this whole matter..... thanks for any help

[free9man]

Way too little detail for anyone here to offer useful advice. Are you asking if you can get a dismissal for speedy trial violation because you have been a fugitive for 20 years? Were you arrested at some point during that 20 years and the agency that had the warrant for you decided not to extradite? It's unlikely you're going to get a speedy trial dismissal on those facts but you are free to try. Best thing to do, since you have apparently decided to man up and turn yourself in, is to negotiate the best plea you can get and take it. If you're going to go, go all the way.

[jsearcy]

Sorry for the lack of info... yes that is the case I have lived in TN for 20 years and have been arrested a few times, years ago for DUI and Trespass but OR was notified and decided not to extradite. I'm just asking because the public defender I have in OR keeps saying that we have some speedy trial issues with this.

[free9man]

After combing through caselaw on Oregon's Speedy Trial requirements, you may have some grounds to work on. A possible problem is going to be that Oregon's courts have held that a delay caused by lack of judicial resources, State v. Schneider, is not an unreasonable delay on the state's part. They would most likely argue that you were not extradited due to a lack of resources to do so. A judge could interpret State v. Schneider to cover such things and rule against you.

How long has it been since you turned yourself in and have they scheduled your trial yet?

And as I stated before...you made the decision to turn yourself in and face the music for your crime. Don't start hemming and hawing and trying to get rid of it....take your lumps.

[jsearcy]

Ha HA, yes I am going to take my lumps and I'm not himming and haaawing I have been married for 14 years and have 2 boys and I am just trying to figure it out... after all I have a public defender and I need to help him all I can!! It has been 2 weeks since I turned myself in and they have set my first court date for the 17th of this month, I just received my police reports in the mail and I have a phone interview with the attorney set for tomorrow at noon... my name is Jason by the way. Thanks

[jsearcy]

Ok, so I flew back last week for court and found out that there is a record of me filing a right to speedy trial motion in 1992 while doing time in Arizona, It was never answered by Oregon just completely ignored!!! what does this mean? Is the state allowed to just toss this asside and not answer it??

[flyingron]

Huh? Fugitives do not get speedy trial rights.

[free9man]

You waive your right to a speedy trial once you flee the jurisdiction. You might be able to work something if the speedy trial time limit expired prior to you fleeing the jurisdiction. I wouldn't count on it though, huge long shot.

[jsearcy]

I never fled, I was never a fugitive!!! By the time the indictment was done I was already in Arizona. From what I've read, it is very common and there are laws in place for someone in custody in one state to deal with charges in another state. It is called an interstate agreement and from what I can tell, if I filed a motion for speedy trial while incarcerated, that state is bound by speedy trial guidelines. Another point I am cloudy about is; why was I released to juvenile? was that considered an extradition even though it was just in another county? I did not waive my right to extradition.

[flyingron]

It doesn't matter that you left the state before the indictment. I matters little that you were incarcerated elsewhere. Unless you are available for trial in the charging state, you don't have any constitutional speedy trial rights. When you were released from jail with a warrant still pending, you were then a fugitive.