My husband failed to meet the reqts of sect. 1000 in SD CA., There is a warrant out for his arrest. What should he do?

Philadelphia, PA Viewed 28 times. Posted 3 months ago in Criminal Defense

He pled guilty to possession of a controlled substance and agreed to a deferred entry of judgment and was ordered to attend a drug program pursuant to Penal Code[1]sections 1000 and 1000. He left state of CA due to health and wealth issues and was unsuccessful in finding a similar program in PA. Had surgery, married and had a baby. MUST take care of it.
He has not met the reqts of section 1000, has a warrant out for his arrest. However it is clear that no judgment has been entered in his case.

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Answers (1)

Robert Lee Marshall

This attorney is licensed in California. Posted 3 months ago.

Short answer: your husband needs to talk to a California attorney about this case as soon as possible. It may be possible to get the warrant recalled. If he is arrested in Pennsylvania, the extradition process is messy and unpleasant.

California Penal Code Â§1000 allows people charged with certain drug offenses to avoid a conviction. (It is not available for people charged with sales or trafficking related offenses.) The defendant enters a plea, but the judge suspends judgment for a period of 18 to 36 months. If the defendant completes a court-ordered drug program, stays out of trouble and complies with other conditions, the case is dismissed without a conviction; if the defendant doesn't comply, the judge can terminate diversion, find the defendant guilty on the previously entered plea and sentence him accordingly.

California usually doesn't extradite people on misdemeanors, but will extradite for a felony. That means an officer in Pennsylvania can arrest your husband on the California warrant. If California elects to extradite, he would be transported back to California to face charges; even if he isn't extradited, he could spend weeks in jail while extradition charges are pending.

Transportation for extradition is almost always an awful experience. There are many state, local and private contract prisoner transport agencies across the country. Prisoners aren't just put on a bus and driven from Point A to Point B; there can be many transfers and layovers at holding facilities. If your husband is extradited to California from Pennsylvania, he could spend a month in transit, in addition to jail time while legal proceedings are pending.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.