Some I know who is currently under arrest in VA for having 2 bench warants from CA. They have him charged in VA as a
FUGITIVE W/ FELONY ARREST
Code Section: 19.2-99 Case Type: Felony Class: U
He has two bench warrants from CA, one misdemeanor for assault and battery with no bail and a mandatory court appearance and one felony for robbery also with no bail and a mandatory court appearance. He does not have any charges for VA to hold him. (he was arrested after they ran his name and it came back with the two warrants) He had his first court date and he has another scheduled for Sept 7th and if CA does not Extradite him back he will be out of jail. Does anyone know how this work and does anyone know how long it takes to extradite someone? Do you think CA will just drop everything??
2007-08-29 04:11:35 · 7 answers · asked by livinlife 3 in Politics & Government ➔ Law Enforcement & Police
His Preliminary Hearing is on 9/7....he thinks that if CA does not get him by then, he is set free. I hope and pray that is not the case.
The reason why they ran his name was because he was passed out in the back of a car from being so drunk. He was parked in a parking lot at a 7-11 and they asked for his ID. When they ran it that is when they found out about the warrants. The warrants were issued July of 2006.
2007-08-29 04:48:34 · update #1
He continues to think that if CA does not do anything by the 7th that he will be free. He did not say if he is fighting extradition or not
2007-08-29 05:03:34 · update #2
OK I just found out that he did not fight extradition.....so what does that mean now???
2007-08-29 13:09:30 · update #3
Based upon the information you give....it appears that VA is holding the person based upon the felony warrant for robbery.
If the person "waivers extradition" then California will pick up the person as soon as possible.
If the person declines to "waiver extradition" then they will have to go before a VA court first.
Because there is such a great distance involved...things take a bit of time!
Obviously, VA doesn't have any charges against the person therefore they will release the person once California appears and executes their arrest warrant.
Best wishes.
2007-08-29 04:35:12 · answer #1 · answered by KC V ™ 7 · 2⤊ 0⤋
The process works like this. A person is arrested on an out of state warrant. The State that holds the warrant has to get what is called a Governor's Warrant. They have 90 days to get that. That tells the other state that (in this case California) they want to come and get him. The only real issue the Defendant can raise is his Identity, but that is pretty easy to over come. (finger prints, photos, etc)
Now the issue is does the County in California want to spend the money on bringing him back? On the Misd. case, no. On the felony 211 pc, robbery, likely yes. In my county, every felony case filed has a spot marked on it if the office wishes to extradite the defendant back. On minor felony's no is the normal mark, but on strikes, like 211 yes. There can be exceptions. Example: You go into Walmart and steal a DVD. As you exit the store, store security tries to detain you. You push the person away and run. That is a robbery. (P. v Estes)sp. On something like that, the county may not extradite. Hope this helps.
2007-08-29 05:08:04 · answer #2 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋
This Site Might Help You.
RE:
Will they Extradite him back to CA?
Some I know who is currently under arrest in VA for having 2 bench warants from CA. They have him charged in VA as a
FUGITIVE W/ FELONY ARREST
Code Section: 19.2-99 Case Type: Felony Class: U
He has two bench warrants from CA, one misdemeanor for assault and battery with no bail...
2015-08-14 07:57:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You don't say if your friend is fighting extradition or has agreed to be returned to Cal. If he is fighting extradition he will remain in custody for the approximately 3 months it takes to obtain the Governor's Warrant, have it submitted to the Gov. of VA and the final order to have him sent back to Cal.
On a robbery charge, he will most likely be returned to Cal. and VA will be happy to allow Cal. to come and remove him from their care.
One other thing, if he is fighting extradition, the 3 months he sits in jail waiting the inevitable outcome, does not count as time served in his ultimate sentence.
2007-08-29 04:34:30 · answer #4 · answered by Mutzie 2 · 2⤊ 0⤋
extradition is definite at this point,he will go back and
face charges and probably do some serious prison time!
2007-08-29 05:11:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I person having dui and alchol related charges in TN and skipped court, Was in court in VA and picked up by local VA police on 19.2-99 felony. will they pull time
2013-09-27 06:25:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
CA aint gonna drop it, and tell him to have fun and dont drop the powdered soap in prison.
2007-08-29 04:20:47 · answer #7 · answered by Alan C 3 · 2⤊ 0⤋
When you are under attack from a failing congress, this is what happens.... Over crowding of our correctional facilities for congress failing to do their jobs regulating and legislating This is your end product.....
Lock up congress first...... Let them feel the pain!
The Judicial System is a illegal paradise for Crime Lords...now, we have to clean it up.... The New Prison City Industrial Network by the United Third party is the answer...... Keep all convicted inmates in their correctional facility for life if they are not fit to go back into society....Thats what we have to do and stop jerking off; with our laws... Masterbating the legal system is a crime itself.. We don't get anything done....
2007-08-29 04:24:02 · answer #8 · answered by Anonymous · 1⤊ 4⤋