What would the charges be? [Archive] - Glock Talk

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W420Hunter
08-22-2011, 18:17
Ok so I am posting this to help out a friend. Here is what happened as I know it. Ok so my friend has a baby momma. She gets picked up on a minor pot charge. Nothing big there a slap on the wrist. Or at least it should of been, till she skips out on 5 court dates. Now this is where I am a bit hazy but some where in there as she is skipping said court dates, she takes a plane to Germany where she still is now. There is a bench warrant out for her now for her missing the 5 said court dates. Now what are the charges for something like this? Would her going to Germany be seen as fleeing jurisdiction? What happens when you skipp 5 court dates? This is all new area to me.

collim1
08-22-2011, 18:27
Here the judge would issue a warrant for Failure to Appear on Marijuana Possession. it would be a no bond warrant, and she would have to sit in jail until her court appearance.

If she has already been convicted and failed to appear on her follow up court dates, drug tests, probation officer meetings etc...then the judge would issue a warrant for Violation of a Court Order, she would be locked up, all her suspended jail sentences would be reinstated, and she would serve the max jail term for the charge.

If it is a felony possession charge it might be a different story.

Whenever she comes back, if she expects to live in the same area, she better come back prepared to face the music for a little while.

Straight Pipe
08-22-2011, 18:45
Scince it is a minor charge (ie: misdemeanor) I seriously doupt that any DA would pursue a fleeing from justice charge. Those are usually reserved for felonies.

That being said, more than likely they'll just wait untill she comes back.

W420Hunter
08-22-2011, 19:03
Would she be picked up at customs checkpoints no matter where she came in? Case in point I do not think there are any fights from Germany to Ohip with out a stop in the middle.

Straight Pipe
08-22-2011, 19:26
Would she be picked up at customs checkpoints no matter where she came in? Case in point I do not think there are any fights from Germany to Ohip with out a stop in the middle.

Not unless the warrant was entered NCIC. If a warrant is entered NCIC the agency that entered it is resposible/obligated for picking that subject up or making arrangements to have them transported to their facility. That cost money and most agencies aren't willing to front a huge bill for a midemeanor charge.

We had a class C-ticket/speeding entered in NCIC (oops) and we had to spend over a $1,000.00 to have them transorted all for a fine of no more than $500.00.

DaBigBR
08-22-2011, 23:01
Not unless the warrant was entered NCIC. If a warrant is entered NCIC the agency that entered it is resposible/obligated for picking that subject up or making arrangements to have them transported to their facility. That cost money and most agencies aren't willing to front a huge bill for a midemeanor charge.

We had a class C-ticket/speeding entered in NCIC (oops) and we had to spend over a $1,000.00 to have them transorted all for a fine of no more than $500.00.

Merely having it entered is not the issue...the agency is still ALWAYS required to confirm the warrant and extradition. Somebody dropped the ball entering it, but somebody else dropped the ball confirming extradition. Most of the time that I encounter somebody with a long distance (e.g. nationwide EX) warrant, it takes some time to confirm because they must check with a supervisor. A policy requiring that probably would have saved you guys. Beyond that, if extradition is to cross state lines, the person has a right to an extradition hearing, which they may waive, which should give your local prosecutors time to further verify extradition.

Two goofy extradition stories:

I had a Florida agency confirm nationwide extradition on a Driving While Suspended warrant. I couldn't believe it, and off to the pokey she went. She was released the next morning when the agency came to their senses. We were legally covered with the agency confirming extradition. I'm sure that she was just glad not to be waiting on CCA or Transcorp to come get her and drive her back to God's waiting room.

Another time we arrested a guy on a warrant from a Michigan agency, which I believe was for a dope charge. He was pretty smug about it becuase he had been contacted by LE in our area in the past and extradition had never been confirmed...only he had never been contacted during the daytime before, and whoever was apparently needed to approve said extradition was important enough to only work days. Off he went.

GPalmer
08-22-2011, 23:55
...
Another time we arrested a guy on a warrant from a Michigan agency, which I believe was for a dope charge. He was pretty smug about it becuase he had been contacted by LE in our area in the past and extradition had never been confirmed...only he had never been contacted during the daytime before, and whoever was apparently needed to approve said extradition was important enough to only work days. Off he went.

Bwahahahhahaha, I would have loved to see his face when he found out he was taking a trip... :rofl::rofl::rofl:

merlynusn
08-23-2011, 08:05
One of the guys I work with was telling me a story that a few years ago the RCMP extradited from NC for a DUI charge.

ray9898
08-23-2011, 12:16
She likely has a failure to appear warrant and a pissed off judge who will eventually preside over sentencing.