Laws on Extradition in Washington state.

Asked over 1 year ago - Vancouver, WA

My friend was in Prison in AZ when Washington put out a bench warrant for a class A felony for FTR. Washington knew he was in AZ and in prison. Why wouldn't they have put a hold on him and have him extradited when he was released? He could have had this taken care of years ago. He had no idea he even had this warrant out when he came to visit and was arrested on it. He is now facing another 2 years in prison. Thank you.

Additional information

Let me state one other thing. He was in Prison in AZ when the warrant was issued. He was released. This was in 2008. Then, he got a probation violation in 2011 and was arrested again, did another year in prison and released. Washington got the DOC report from AZ in 2011 when he got incarcerated a second time. That is when the warrant should have been executed I believe. He was released in September 2012 and finished his probation in December of 2012. It's kind of unbelieveable that this would have been "missed" twice. Or that AZ didn't execute it. I will have to find out from his attorney if she has contacted AZ to see if they did receive it and didn't execute it or if Washington just failed to send it. Thank you for the help

Attorney answers (2)

  1. Christopher A Swaby

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . It is possible that a warrant was in fact issued years ago but for some reason not executed at the time of your friend's release from prison in AZ; mistakes happen. He should let his attorney know where he was at the time that WA charged with a new crime. There should be records to show that he was incarcerated out of state, and there may be records that show the warrant was received by AZ authorities but not executed. He should not be facing additional time for failure to appear if it can be shown that he couldnt comply with an order to return to the jurisdiction because of his incarceration.

    "FTR" in WA usually means "failure to register" which isnt a Class A felony here. It seems unlikely that a warrant for a class A felony would have been missed as those are essentially life count charges, and deemed the most serious of charges in WA.

  2. Adrian Martinez Madrone

    Pro

    Contributor Level 14

    Answered . If the warrant was for a class C felony, it is possible that Washington knew he was in Arizona but chose not to extradite him. It can be costly to move a prisoner long distances, and sometimes the state with the warrant will choose not to bear the cost. If it had been a class A felony, Washington almost certainly would have paid the cost to extradite. In the end, the responsibility to deal with the warrant always lies on the person the warrant is against.

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