i took a plea deal in 2015 for a petit larceny for probation instead of a year in jail well after doing probation for about 8 months i got revoked for failing drug test and was switched to drug court after being in drug court for another year i have spent 153 days in jail and drug court was putting me in a rehab for a year once i got to the rehab i left the rehab because of the rules that wouldn't let me see my fiancé or 10 month old baby. so to my understanding the drug court probation officer has issued a capias warrant on me. all of this is over 140$ pawned laptop and now after being jailed 153 days all together over the last two years that means the county has spent 15,000 dollars jailing me on a first offense and i have no other background. my question is if i do leave state and try to start over what could happen if i get pulled over, and i know my home state won't extradite me on a first offense misdemeanor charge but what should i do?
You will have that warrant hanging over you wherever you go. If stopped or arrested for something in the future, and the warrant comes up, you will be held. You assume your county DA's office won't seek to extradite and prosecute. Don't assume. Better that you address it, clear it up and move on from there.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
You cannot run from this. That capias is not going anywhere and you will have to address this. It will be up to WV if they will extradite you for the matter. Address this and then leave the state. Get a lawyer to assist you in turning yourself in and dealing with this matter..
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