Resolving an Out-of-State Violation of Probation and Warrant
My question involves criminal law for the state of: Tennessee/Georgia - I had been informed that I have a VOP warrant for being arrested in Georgia where I was being supervised for a Class "B" felony in Tennessee, which all my resitution has been paid.
My main question is in the "InterState Compact Act, Section 5.101(b) it states, if the offender has been charged with a subsequent criminal offense in the receiving state, the offender shall not be retaken without the consent of the receiving state, or until criminal charges have been dismissed, sentence has been satisfied, or the offender has been released to supervision for the subsequent offense".
I have bonded out on all my new charges in Georgia, and under the InterState Compact Act, which I described the receiving state. The sending state, which in this case is Tennessee cannot retake me because my pending criminal charges in Georgia. So how does an active warrant get resolved? I can't go to Tennessee to handle the matter, and Tennessee under the InterState Compact Act has to wait until my cases are resolved in Georgia, which could last up to another two years...
Re: Resolving an Out-of-State Violation of Probation and Warrant
I don't know that Tennessee is even interested in extraditing you. What makes you believe that they are?
You say "I can't go to Tennessee to handle the matter" - why not? Your bond prohibits interstate travel?
Re: Resolving an Out-of-State Violation of Probation and Warrant
I don't know for sure whether they are interested in extraditing me. Yes, I have many bond conditions from the courts, and bondsman stating I am not to leave the state.
Re: Resolving an Out-of-State Violation of Probation and Warrant
If you were bonded out, then my guess is the warrant from Tennessee is not valid in your state. It is likely a take into custody warrant only executable within the state. The warrant will be NCIC and will indicate if the state will extradite, and can be specific as to the states they will extradite from, even the distance in miles. With all the budget problems, states are less and less likely to extradite for minor offenses and offenses where most of the penalty has already been served.