Results 1 to 9 of 9
  1. #1
    Join Date
    May 2012
    Posts
    3

    Default Can You Be Extradited on a Bench Warrant

    My question involves criminal law for the state of: arkansas my friend commited a robbery crime 14 years ago and jut this last week he found out he has a warrant for his arrest. he called and they said it is a bench warrant for petition to revoke suspended sentence so is he going to have to serve his 9 year suspended is it even extraditable from kansas to arkansas they say this bench warrant is because his community payback person said he only did 16 of 120 days. when he was orgianally charged he got 8 months timed serve 4 months 120 days probation and 9 yr suspended if any one can help that would be awesome google is no help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,766

    Default Re: Can You Be Extradited on a Bench Warrant

    So you've already been given the answer, but you want to confirm that you can be extradited to another state on a felony bench warrant following a probation violation?

    Yes, as you've been told, that most certainly can happen.

  3. #3
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Can You Be Extradited on a Bench Warrant

    The state in NCIC can specify the conditions of extradition down to specific states or a certain number of miles, but they can easier just make it national, and the person really doesn't know until they get stopped by the police. If he found out by getting stopped by the police and was not immediately taken into custody, then the warrant may not apply to that state. Of course, once the state that issued the warrant finds out about the pickup, they could change the extradition details, so there is no guarantee he wouldn't be arrested and extradited the next time.

  4. #4
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Can You Be Extradited on a Bench Warrant

    Yes, absolutely your friend can be extradited. Why else would warrants and extradition interstate extradition agreements exist?

  5. #5
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,197

    Default Re: Can You Be Extradited on a Bench Warrant

    It is up to Arkansas whether or not they want to extradite from Kansas (or anywhere else) or not. For a robbery charge, chances are they will. Your friend can fight extradition in a Kansas court, but it is unlikely it would be successful.

    Your friend basically has two choices. He/she can continue to live as a fugitive, spending his/her time looking over his/her shoulder and wondering if/when something is going catch up. Or, your friend can retain a lawyer in Arkansas who can advise him/her of options, negotiate a sentence agreement, and negotiate a surrender.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  6. #6
    Join Date
    May 2012
    Posts
    3

    Default Re: Can You Be Extradited on a Bench Warrant

    so how many miles away can they extradite he found out in a letter last week and then he had to wait a week to let arkansas pull the file so if it says petition to revoke suspended sentence then when he gets caught does he spend the whole 9 year suspended sentence?

  7. #7

    Default Re: Can You Be Extradited on a Bench Warrant

    There is no mileage limit - he can be extradited from any state. How long depends on the court.

  8. #8
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Can You Be Extradited on a Bench Warrant

    Yes there is a mileage limit if the state puts it into NCIC that way. As I already said, they can specify distance or the specific states. NCIC is flexible and can be coded in various ways. Many states do that because of budget issues. Though I would think few would want any serious felons running around free. However, you would have no way of knowing if they did that or not until the person has been stopped by the police. Only law enforcement has access to the NCIC databases. Apparently nobody here has ever been certified to use an NCIC terminal.

  9. #9
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,207

    Default Re: Can You Be Extradited on a Bench Warrant

    There can be a geographical limitation set on a warrant entered into LEADS. However, for a charge as serious as this, one would almost guarantee there is no limit to this warrant. Also, your friend could try to fight extradition, but most Arkansas probation releases are signed with a wiver of extradition. As a result, once it's signed, you can't fight extradition. You've given that right up at the initial point of your release from custody. I have never seen a warrant for a robbery with specific geographic limits attached.

    1. Sponsored Links
       

Similar Threads

  1. Arrest Procedure: How to Use a Bench Warrant
    By dv9773 in forum Criminal Procedure
    Replies: 4
    Last Post: 01-05-2009, 10:43 AM
  2. Search and Seizure: Search Warrant vs. Bench Warrant
    By Robret Gillespie in forum Criminal Procedure
    Replies: 5
    Last Post: 04-16-2008, 03:28 PM
  3. Extradition: Can You Be Extradited On A Misdemeanor Warrant From One State To The Next
    By rawsb in forum Criminal Procedure
    Replies: 2
    Last Post: 03-14-2008, 03:10 PM
  4. Arrest Warrants: Misdemeanor Warrant Bench Warrant International Travel
    By Justiceforall in forum Criminal Procedure
    Replies: 2
    Last Post: 08-15-2007, 04:22 AM
  5. Arrest Warrants: Bench Warrant or Arrest Warrant
    By nitesquirrel213 in forum Criminal Procedure
    Replies: 6
    Last Post: 12-14-2005, 04:54 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document