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Probation, Statute of Limitations and Extradition

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  • 04-21-2009, 09:12 AM
    ksage618
    Probation, Statute of Limitations and Extradition
    My question involves criminal law for the state of: Washington

    I am desperate to find a legitimate answer to this question. Even if someone can just point me to a good law website that I can do my own research I would appreciate it greatly!

    In the case of someone taking a plea bargain in which the charges end up being 2 counts of Class 4 non-felony assault, given 2 years of supervised probation. They were told when signing the plea that it was transferable to another state, in which this person is having a child very soon. After signing such plea, he is now being told that it may or may NOT be approved for transfer and will take up to 4 months. The question is this: if, for some absurd reason they do not find having a child that you want to raise a good enough reason to transfer your case to another state, if you were to just leave and make the move anyway, what are the repurcussions? If pulled over in the other state for a tail light or something, will there be a warrant outside the home state of the charges? Would they really extradite someone over 1500 miles for such charges?

    I know this is a tricky question for someone to answer, but it involves a baby girl who might miss out on knowing her father for the first 2 years of her life, who so desperately wants to be there for his baby. It's worth it for him to be there, even illegally if he must. He has no prior record of any kind, and it was a stupid mistake where he let someone get the best of him.

    Again, any help with this question would be greatly appreciated, even if it's just a good website I can use! Thanks so much.
  • 04-21-2009, 12:09 PM
    cdwjava
    Re: Probation/Statute of Limitations/Extradition
    Quote:

    Quoting ksage618
    View Post
    If pulled over in the other state for a tail light or something, will there be a warrant outside the home state of the charges? Would they really extradite someone over 1500 miles for such charges?

    Would there be a warrant while free on probation after a guilty plea? Certainly. Would they extradite? Maybe.

    However, having an active warrant would prevent access to many jobs, many forms of government assistance and loans, and could result in numerous police contacts and detentions as long as it exists. Like diamonds, warrants can be forever.

    - Carl
  • 04-21-2009, 12:51 PM
    ksage618
    Re: Probation/Statute of Limitations/Extradition
    Ok, well in that case, anyone know what the chances of them transfering the probation to another state would be? He was told at the signing of the plea that it could be transferred, but now that they have his signature, it seems the story has changed. Now he's being told it MAY be transferred IF they deem it appropriate of course. The circumstances being that he has his first child coming in the other state, has a job lined up there, and much more opportunity, would they be likely to allow the transfer? He really has nothing going for him where he is, and would very likely end up in a deeper hole because there is no opportunity in this small town rural area.
  • 04-21-2009, 01:01 PM
    cdwjava
    Re: Probation/Statute of Limitations/Extradition
    Quote:

    Quoting ksage618
    View Post
    Ok, well in that case, anyone know what the chances of them transfering the probation to another state would be?

    No one can even guess.

    A lot depends on the nature of the offense. They also have to get the approval of the state and county where he'd be going as they would have to agree to take over supervision unless his probation department was willing to either release him from supervision early, or simply no longer require he report to a P.O.

    Quote:

    He was told at the signing of the plea that it could be transferred, but now that they have his signature, it seems the story has changed. Now he's being told it MAY be transferred IF they deem it appropriate of course.
    Because they said it COULD be transferred does not mean it WOULD be. It still COULD be transferred. It might also NOT be transferred.

    - Carl
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