Would one state extradite me from another due to a violation of 3 year misdemeanor probation?

Get Legal Help Today

 Secured with SHA-256 Encryption

Would one state extradite me from another due to a violation of 3 year misdemeanor probation?

Asked on April 5, 2013 under Criminal Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Many states and jurisdictions will not extradite for a misdemeanor offense.  However, just because many don’t—it does not mean that they won’t.  It really depends on the tenacity of the office where your probation violation is pending.  Some prosecutor offices will have regular policies against extraditing for a misdemeanor.  You may want to try to contact an attorney in the jurisdiction where the violation is pending to see if the prosecutor’s office has any such policies.  If they don’t extradite, you may still want to consider trying to resolve your case, even long distance.  What will happen is that as long as the warrant is active, you can be arrested on any routine traffic stop and taken to jail (which means your vehicle will be towed), and then they will release at jail after the other state says they won’t extradite.  This can potentially happen multiple times.  In the long run, some people could have simply paid off their fines and court costs for the price of a couple of towing fees.  This is something to at least keep in mind when deciding how to proceed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption