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How to Vacate Warrant when demanding State won't extradite

Fresno, CA |
Filed under: Criminal defense

I have a Lady Friend who has a warrant out of Fresno, CA. and because of this Her S.S.A. benefiets have been suspended pending final disposition or vacation of the warrant. She has attempted to turn Herself in but, when She tries, She is turned away because the computer has an attachment stating"will not extradite". She's not able to travel and has no money

She also has an 11yr old son She's trying to support but, is now in dire straits because of Her inability to dispose of this warrant. I know there's someone out there that can advise or help me help Her as I have a Limited amount of knowledge in this area. She now resides in Houston, TX and has not the resources to to travel or pay for an attorney. Please Help!!

Attorney Answers 2

Posted

I am not licensed to practice law in either Texas or California , however here are some general observations which may be helpful in your understanding of the situation faced by your Lady Friend. I do ,however ,recommend seeking the advice of both local California and/or Texas counsel, who can help you with this situation.

From my understanding your Lady Friend currently resides in Texas, however she has an outstanding , (probably "active" )Warrant for her arrest out of Fresno California. It is not unusual for a State (in this case California) , to choose not to seek extraditition for certain alleged criminal offenses and/or States such as Texas to deem that the underlying basis for the allegations which resulted in the the Warrant out of California , not to be an "extradictable" offense, or vica versa. Hence, the two major reasons for situations such as this are:

1. California has simply chosen not to seek extradtion because either the the underlying criminal allegations against your Lady Friend are not of a such serious nature as to warrant or seek extradition .California Authorities or agents acting on their behalf --often Federal Marshalls---would have to go to Texas to take her into custody and take her back to Fresno at their expense , to face the charges as set forth in the Warrant; and/or

2. Texas and/or California do not regard the charges as offenses for which extradition is neccessary or warranted. Most Misdemeanor offenses are not "extradictable".

Therefore, may I suggest that you seek the advice of an attorney who is familiar with the Courts in Fresno ,who may be able to speak with the local prosecuting authorities and explain your your Lady Friend's situation .There may be a possibility of resolving the matter without your Lady Friend having to personally appear. (I will caution you,however, that prosecuting authorities are not usually favorably predisposed toward this kind of a disposition-but it has been done!)

In the event that the above cannot be achieved, the only way for your Lady Friend's matter to be resolved, is for her to go to Fresno and turn herself in on the Warrant in order to remove the "outstanding" Warrant problem with the Social Security Administration. More likely than not she would not have to resolve the underlying charges set forth in the Warrant in order for her to recieve her SS benefits. If this is the course of action she has to take ,she ought not to do so without the prior advice of an Attorney in California who may be able to have the entire matter substantialy resolved with authorities , even prior to her arrival in Fresno, including the posting of a Release Bond, if one is required.

Good luck. I hope you find this somewhat useful . But, again I urge her to consult with an attorney before she does anything.

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Posted

You can call the Fresno County Sheriff's office and ask what the warrant is for. Their office holds all warrants. You can also call the Fresno County Public Defender or private Fresno Attorney Magill at 559-255-3425 in Fresno California. We may be able to determine if the warrant is accurate, or if it is a misdemeanor. Some local warrants are old and never leave the system for some reason. We have had cases where the warrants are from something that occurred 10 or 20 years ago, then we have gone into court to have the warrant recalled. It is highly possible we could make a 15 minute court appearance for you without you ever having to appear in Fresno.

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