Extradition for Violation of Probation / Interstate Compact
My question involves criminal law for the state of:Colorado. My cousin got probation for felony theft and got a DUI a year later. His felony probation is almost up however the DUI runs till dec. He got his probation transfred to Indiana through interstate compact. He left a month before it went through and they didn't know. It went through but right before that he got a public intox in Indiana got a yr probation unsupervised 1 year suspended sentence. Long story short once he plead guilty he was told by ind po to not report but go back to Colorado with in a month time. It's over a 1000 miles and I've called a ton of lawyers on the county of colorado to reverse this or work a plea deal for him. They say Indiana dosent want him and Indiana saying Colorado do this neither will take who decided this. He works he and is doing good. Most important he isn't homless has nobody in Colorado. He says he not going back. I know a nationwide warrant is about to hit and I don't know what do? I can't find attorney I'm not from there. The warrant I'm sure they will pick him up hold him 10 days see if they come get him. Any insight be great
Re: Extradition for Violation of Probation / Interstate Compact
A warrant is an order for a person to be brought before a court. Once in front of the court, he can make a plea. An attorney doesn't get to do that for him - he must make that statement with his own voice to the judge. That's why attorneys in Colorado are saying they can't help - because they can't...yet. They can give advice on pleading or not. They can assist in working deals in exchange for a plea. But this isn't going to be dealt with unless and until his fanny is actually before the judge IN the courtroom. His choices are to either (a) make plans to return to Colorado and start working with legal counsel to prepare to turn himself in and enter a plea, or (b) sit and wait at the mercy of the warrant, where he cannot predict when/where it will come into play, and wait to be arrested and for Colorado to bring him back on THEIR schedule (which could involve several weeks in jail just to get back).
You can check the Colorado Bar Association website for assistance in finding an attorney who specializes in criminal law.
Re: Extradition for Violation of Probation / Interstate Compact
I did ask the question but I'm wondering if there something we can do to keep him here. He faces no new charges there he got the violation here in ind. My thinking is that why can't a lawyer talk to his po and reinstate the interstate compact. That way he dosent go back and have to live in homeless shelters at 26. There has to be something we could do. The lawyers want 75 to talk and nothing about interstate compact. We just want it reinstated here in ind or at my moms on Ill. We really don't want to lose him he a great guy and part of our family.