Re: theft 1 non extraditable warrant
Posted by Jack on 4/06/08
Dave: I personally would not turn myself in and undergo the
process of arrest, booking and bail, thats if they let you out
on bail. Especially if its as you say that there is a mistake
in the ID of the actual perpetrator of a possible crime-theft.
Its wise to hire a lawyer, have him make an appearance on your
behalf. Let him tell the court your story and advise the
honorable court that you will be happy to come to court, but
that you will not submit to a wrongful and mistaken
prosecution ID, when you know you committed no such crime.
The trick is to see if the DA's can identify exactly who was
involved in the incident. Before you even think of turning
yourself in let them prove to a judge that they have correctly
ID'd you. If it happened at K-mart there must be video tape of
you in the store on the day in question and video of you
stealing the goods in question.
You might have the attorney ask the court to quash the warrant
and that you will voluntarily come to the court on
a "summons". And have the process start this way.
If you are from another state you may have other rights, you
need to talk to a lawyer, its your best bet.
What the previous poster stated is correct. If you come into
contact with police and they do a wants/warrants check, you
may come up in the National warrant system. The police will
then probably arrest you. Then its up to the Washington State
DA's office to decide if they want you bad enough. The big
problem is that in some states they can hold you for 30+ days
while the DA's decide if they will extradite you or not. In
30+ days you can loose your job, apartment, car and maybe your
girlfriend.
This is not a pretty situation, I would consult a criminal
attorney in Washington State and get his two cents worth on
the matter.
Good Luck with your case.
On 4/02/08, Dave Schrom wrote:
> On 12/14/06, George Forg wrote:
>> I have and non Extradiable warrant for theft 1 in Whatcom
>> county Washington State the reason the warrant is issued
>> for me is becasue of licence plate number. the person
>> driving my car stole something from a K Mart and the
>> warrant is issued in my name even though it was not me at
>> all this happened two years ago so does any one have any
>> advice to what i should do about it because i'm thinking
>> of going on vacation for new years weekend and i don't
>> want there to be a mix up at the border. if any one can
>> lend me some advice and would be wonderful. thank you very
>> much
>> George Forg
>
>
> George,
>
> Most likely the county warrant in Washington would be
> "extraditable" from/to any state in the United States. The
> charge of 'Theft in the First Degree' is a class B Felony in
> the State of Washington (RCW 9A.56.030).
>
> So if you were ever compelled to show identification to any
> law enforcement officer and a wants/warrants check was ran
in
> any state in the United States, the prospect of arrest would
> be present. Now whether or not the State of Washington
would
> pay to have you extradited/transported to their jurisdiction
> is another matter. (i.e. - If you were pulled over in say
> Idaho, the chances of you being arrested and sent to
> Washington would be greater than if you were arrested in
> Florida)
>
> My advice is to contact the county court in Washington via a
> letter and explain your circumstances/defense. They will
> most likely want you to turn yourself in to a peace officer
> in their area for arrest/disposition, but this may be a good
> way to start the process. But have your ducks in a row -
> make sure you have bail money at your avail so it can be a
> painless 'Book and Release'. You will then be given a court
> date for an arraignment for a formal 'Reading of the
Charges'
> at which time a court appointed attorney will most likely be
> assigned for your next court appearance/preliminary hearing.
>
> Good Luck...
>
> ~Dave
Posts on this thread, including this one
- theft 1 non extraditable warrant, 12/14/06, by George Forg.
- Re: theft 1 non extraditable warrant, 4/02/08, by Dave Schrom.
- Re: theft 1 non extraditable warrant, 4/06/08, by Jack.