Would one state extradite me from another due to a violation of 3 year misdemeanor probation?
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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 11 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.
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