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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Unhappy Options for Felony Probation Violation Warrant in California

    My question involves an arrest warrant from the State of: California

    My fiance' is currently incarcerated in Louisiana. After almost 5 years of incarceration, he was on his way to work release where he was informed that he has an outstanding felony warrant in California. Louisiana is not a signatory in the Interstate Agreement on Detainers, so he is unable to demand a disposition under that law.

    In my research I have also come across the California Penal Code 1381. Does Louisiana have to comply with that code if my fiance' and I are able to get California to request expedition in order to deal with his warrant?

    As of now, California says they will extradite him when he completes his sentence in Louisiana (January, 2010). We would like to have them deal with this warrant now, while he's still in custody.

    This warrant is derived from charges from an ex about 8 years ago. She pulled a knife on him, he pushed her, she had him arrested, he went to jail, got credit for the 54 days of time-served and was placed on 2 years probation. Because she put a restraining order against him, and because he doesn't have any family or friends in California, he came to Seattle to stay with me and our son.

    I would like to know how to force California to deal with this and Louisiana to comply. I would also like to know if it's possible to handle this without an attorney. He is a DOC inmate, and I was told he does not qualify for a Public Defender. However, I can't afford an attorney. What can we do???? There's gotta be something!!!

    Please advise. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Options for Felony Probation Violation Warrant in California

    Louisiana doesn't have any obligation to comply with California law. They only have to follow their own laws, and applicable federal laws.

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