i was wondering hypothetically the process of warrants etc. can a police department in one state see if you have warrants in another state? If you don’t appear at a subpeona for a court case out of state you don’t reside in, can they get you in trouble or are you out of their jurisdiction? I know a lot of beurocracy goes into these things, if you had prior engagements on the date of a subpeona what would you do to get out of it? Detailed answers are welcomed
They often (usually?) don’t bother.
I know a guy who got a traffic ticket in Arizona, and just blew it off. Drove back home to California, and ignored the ticket completely. In AZ, they go through the slow escalation process, so that, if he were to go there now, they could pull him right out of the car and to jail for ignoring the bench warrant issued for not appearing at the hearing to process the speeding ticket.
In abstract theory, AZ could apply for extradition. But they really don’t care that much. Meanwhile, my friend knows better than ever to go to AZ again.
They can get you in trouble. The US Constitution gives every state the right to have its fugitives returned. In practice, there will be a note on the warrant saying how far they’re willing to travel to collect you. They’ll go across the country to get a triple axe murderer but they might not even leave the county to get someone who didn’t pay a speeding ticket.
I didn’t commit a crime, the subpeona just says I’m a witness to one. Unless I’m interpreting it wrong, they want me to testify against the people. Could skipping the court date bring consequences?
I resemble that! I got a ticket in AZ in 1990 just before I moved to Japan so I blew off paying the ticket. At this point, I can’t imagine ever visiting that state again, so I don’t let it keep me up at night.
For the OP, sorry, no idea.
I got peripherally involved in an embezzlement case at the lab where I worked, circa 1978. While I was off-site at a training class at the far side of the country, someone borrowed an expensive high-tech scale in my name and stole it. They knew exactly who did it, but needed me to explain that I had no authority to authorize him to take that scale (which, of course, they already knew).
Then I moved from California to Hawaii. Fast forward a year or so, and I got a subpoena to testify against him at his trial. I had a longish talk with the DA’s office on the phone, at the end of which the person I spoke to said that it didn’t seem worth it to bring me back from Hawaii to testify (the implication being that they would have paid for the trip). I also got the impression that I was to be the star witness, without whom they had no case. :dubious: Anyway, that was the last I ever heard of it.
In further abstract theory, I believe if the cops in California stop him for some other reason and discover the bench warrant, they could just take him to Arizona by their own accord, if they really wanted to, right?
Statute of Limitations? Only murder would a warrent last this long AFAIK.
Yes. A subpoena is a court order, not an invitation (as long as it’s been properly served and meets all the statutory requirements). If you fail to appear, a judge could hold a show cause hearing and compel you to explain why you didn’t show up. The judge could fine you or issue a bench warrant for your arrest. That doesn’t happen very often, but it’s possible.
There are steps you can take if you are unable to meet the requirements of a subpoena. I would talk to a lawyer in the issuing state, or at the very least, contact the court’s Clerk to see if they have an objection form.
In many jurisdictions, being absent from the state tolls the statute of limitations.
Tell the guy to Google “State’s Driver’s License Compact”. Arizona can have is California license suspended. Rather rude surprise if he gets pulled over in California.
Wow…does this mean that traffic warrents never go away if the defendant moves out of state?
Depends on the jurisdiction.
Some places will cancel old warrants en masse; they figure they can’t get a conviction after X number of years anyway, since memories fade, officers retire, and so forth, so why bother cluttering up the system?
Other states/counties figure that even if they can’t prove you really ran that red light, they have you dead to rights on failure to appear, and at some point you’ll swell their coffers by paying a fine for that charge. (Under interstate compacts such as the Driver License Agreement, they can get your home state to suspend your license too, so even old warrants can return to bite you in the posterior.)
If you get a ticket in one state, and twenty years later that state hauls you into court, can you demand a trial and hope for acquital if the cop has retired and doesn’t show up?
Or just be careful to stay out of Ferguson MO.
Regards,
Shodan
A sheriff in Colorado contacted me at my home in Canada over my not showing up for a trial, to which I had not received the duly issued subpoena due to my having been on a two month road trip. The charge was over my US dollar cheque for payment for tenting one night in a national park having not been honoured by a train station’s ticket vendor.
After I explained the difference between a bank and train ticket vendor (and also explained the cheque clearing cycle), the sheriff kindly passed those insights into the world of high finance on to the park, which then took my cheque to a bank rather than a train ticket vendor. Once the cheque cleared, the sheriff had the bench warrant cancelled and the initial charge dropped.
I learned two things from this:
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One can be an international fugitive without even knowing it.
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Some people are dumber than dog shit.
The only problem with this is you will not be brought back to court for the traffic violation, you will be brought back for a failure to appear. Much easier to prove and no cops required.
If movies have taught me anything, they will mostly send a mis-matched pair of law enforcement officers to escort you back to the courthouse. This typically results in a hilarious and action-packed thrill ride as your are pursued by mobsters and police and any other number of individuals across multiple states.
I think this is incorrect. Extradition requires a request from the destination state. AZ would have to file papers in CA, and then any commonplace traffic stop might result in arrest and extradition.
But the CA cops, on their own, even if aware of the open warrant in AZ, won’t take any action. They have no official notification in CA of my being wanted.
IANAL; this is just what I have come to understand.
(This gets scary, internationally, with rules about how anyone can arrest a war criminal. It means there are countries where Dick Cheney will never go, because anyone at all, there – any cop, any citizen, anybody! – can arrest him.)
Try posting on Avvo.com. That’s where I go to ask legal questions to lawyers.