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| "Warrant of Extradition" http://fugitiverecovery.com/forum/viewtopic.php?f=13&t=9391 |
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| Author: | speezack [ Mon 05 Jan 2009 08:07 ] |
| Post subject: | "Warrant of Extradition" |
Last nite I wrote a small bond on a fellow that was charged on a warrant of extradition. Now I have done these before of course but I have never totally understood the exact working of this probably simple process. I would appreciate a concise definition and explanation of this process. This is my take on the process... see if I am off too much and clarify if you would. A person gets charged in another state. He is then arrested in a different state and when they run his name, he gets a hit from the other state. The arresting state places a warrant of extradition on the defendant and he has basically two choices as I understand it. ONE; he can wave extradition and the other state can come and pick him up or TWO; he can remain in the arresting state and have a court appearance before a judge who will determine if the other state has a right to extradite... "Warrant of the Governor" I believe it is called... and depending on the findings of the court, either remain in the arresting state, or if the court so finds... be extradited to the other state... so the bottom line is he can choose to go immediately by waving or remain for the judges decision which may take a lot of time... So, given all that... I bonded this fellow but when he goes to court in 4 days... he must according to the recognizance... "surrender for arrest upon the warrant of the governor of this commonwealth." and at that point I guess he will go back to the other state and face whatever he has there... (yeah, I know.. but he is a local, I know him and he ain't gonna run... just a child support case anyway...) |
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| Author: | KARMA [ Mon 05 Jan 2009 08:35 ] |
| Post subject: | Re: "Warrant of Extradition" |
How it works HERE . . . Individual is arrested on an 'Out of State Fugitive Warrant' which sets as to whether there is an extradition limit or not. Most States only extradite 'surrounding States Only' SOME want their money so bad that they will "Extradite Nationwide" I have written several 'Extradition Bonds', for just these type of Wants. The person is given a Court date (within 30 days) to check Status. . . . and they must check in Daily with me. When notified they must surrender to the local Jail for pickup, Or face other charges. Now, You mentioned that your person is a 'Child Support' issue . . . that my dear, is accompanied by a "Body Attachment" meaning they WILL come. I have absolutely NO sympathy for an individual (male or female) that does not pay their CS. The kids did not ask to be here . . . that is a choice that two, alledged 'adults' made . . . don't get me going here ARGH!!!! |
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| Author: | speezack [ Mon 05 Jan 2009 13:01 ] |
| Post subject: | Re: "Warrant of Extradition" |
LuVonda wrote: Now, You mentioned that your person is a 'Child Support' issue . . . that my dear, is accompanied by a "Body Attachment" meaning they WILL come. I have absolutely NO sympathy for an individual (male or female) that does not pay their CS. The kids did not ask to be here . . . that is a choice that two, alleged 'adults' made . . . don't get me going here ARGH!!!! Well, the thing on this particular case is that he is... and has been paying through the courts but his ex wanted to cause some problems so she apparently told LE he was not paying and rather than check court records... which would have shown payments made... the local magistrate put the charges on him..... he actually showed me and the Virginia magistrate receipts for payments made through DEC. but the charge was there so the magistrate had no choice.... anyway, I agree with your assessment on child support cases as I do with child porn cases... unless I have good intel on the person probably having false charge place... as does happen occasionally... I usually will not do a bond for anything related to children... but not changing the subject... thanks for your take on warrant of extradition. |
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