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Interstate Compact, Violation of Probation, and Extradition

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  • 05-23-2010, 11:08 AM
    jolie1018
    Interstate Compact, Violation of Probation, and Extradition
    Your feedback is greatly appreciated. My fiancé was charged with cocaine possession and grand theft (500 < 3000) in Florida. He received 2 years probation for these charges. Because he is not from Florida and just moved there with a former girlfriend, he was able to get his probation transferred to Illinois from Florida. He has been doing great and has had no probation violations over the past almost two years. His probation is set to end in one month (June 24, 2010). Within these two years he completed a plumbing program, started a Bachelor's degree program which he is pursuing now, and got all caught up on child support payments, etc. In essence he has turned his life around. Unfortunately in an effort to stay on top of child support payments and not go to jail (ironic, I know), he picked up a new charge. He was arrested for the sale of a "look alike substance" to an uncover police officer. The charge is a class 4 felony (the lowest) in Illinois. I posted bond on these charges and he was fighting his case here in Illinois but unknown to us, a fugitive warrant was issued out of Florida because he picked up a new charge here in Illinois. He also lied to his PO here in Illinois when asked if he had any new charges and for whatever reason the new charges didn't appear in the computer system. So, he continued as a free man on his bond until we were pulled over by state troopers for him not wearing a seat belt. He was arrested on the fugitive warrant. The case here in Illinois will be wrapped up this Wednesday. He will receive again another two year probation sentence in Illinois for the charge he picked up here as he doesn't have any extensive record in Illinois. Once the case is closed, he has been told that Florida will be here to extradite him (we've been told that they have 30 days although he's already been sitting in county jail for 30 days) to go before the judge in Florida on the VOP charge. My questions - will Florida really come all this way to get him? If so, what happens to his probation here in Illinois? If they make him do time on the VOP from Florida, how does he fulfill his requirements of probation in Illinois? Also, what are the typical sentences for a first time VOP due to a new felony conviction?? Any feedback you have is greatly appreciated. FYI - we do have an attorney here in Illinois but she can't help much with the Florida VOP case.
  • 05-24-2010, 08:59 PM
    Mr. Knowitall
    Re: Interstate Compact, Violation of Probation, and Extradition
    If Florida has initiated extradition proceedings, then they intend to extradite him.

    We don't know enough about his case or background to guess his probable penalty. Further, a lot of what happens is up to the sentencing court and his probation officer. He should consult a lawyer in the county where the charge is pending.
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