Not being released due to warrant - Need Advice

[cjvkc]

My bf got his judicial yesterday in Ohio but didn't get out. During the process of releasing him they found a warrant from New Mexico from 1997!! So they are HOLDING him for extradition. He was in custody for these charges back then and being held for Ohio at the same time but once the deadline came and Ohio didn't extradite him the charges were dropped by the judge but he had to come back to Ohio and turn himself in, which he did and did 8 1/2 years. Since then he's been in and out of prison and county in Ohio for PV's and released and for some reason this pops up NOW??? How can this be? These charges were supposed to be dropped!! And isn't there a limitation on stuff like this or even double jeopardy? Can we get a writ of habeas corpus, exonerate it or is this a "technical defect"? I don't even know what all these things mean but there has to be something we can do so he's not extradited. I can't find any information or get any help from New Mexico on their extradition acts or due process clauses...nothing. I haven't a clue on what to do.....ANY INFO WOULD BE GREATLY APPRECIATED!!

[daddy girl]

This because it was dropped the case was never closed and the DA can pick it back up again and bring it back to court. you mention some thing about Federal Habeas Corpus, here some info where you can call them email them. The name is,National legal professional associates.the phone # is (513)247-0082, and there email address contactus@nlpa.com there website is www.nlpa.com you should talk to them and see what they say about it.

[Angry Snout]

Originally Posted by cjvkc

My bf got his judicial yesterday in Ohio but didn't get out. During the process of releasing him they found a warrant from New Mexico from 1997!! So they are HOLDING him for extradition. He was in custody for these charges back then and being held for Ohio at the same time but once the deadline came and Ohio didn't extradite him the charges were dropped by the judge but he had to come back to Ohio and turn himself in, which he did and did 8 1/2 years. Since then he's been in and out of prison and county in Ohio for PV's and released and for some reason this pops up NOW??? How can this be? These charges were supposed to be dropped!! And isn't there a limitation on stuff like this or even double jeopardy? Can we get a writ of habeas corpus, exonerate it or is this a "technical defect"? I don't even know what all these things mean but there has to be something we can do so he's not extradited. I can't find any information or get any help from New Mexico on their extradition acts or due process clauses...nothing. I haven't a clue on what to do.....ANY INFO WOULD BE GREATLY APPRECIATED!!

Hi

There must be something in writing to say the charges were dropped - the court would have to have it where the deciding judge was sitting that day. I hope you sort this out and that he's home with you soon. God bless x

[cjvkc]

I've been trying to get someone to look over the court transcripts to find this but I haven't gotten anywhere with that one yet. Now I got the problem of finding a lawyer in New Mexico from Ohio...anyone know of one that would do it pro bono???

[ChickfromMD]

My man had a similar situation once...

One of his old cases that was dropped was accidentally opened when he violated his probation. They issued warrants under the old case and the new case - my thought is that because the cases were almost exactly the same number, somoene accidentally put the warrant under the first case and then "forgot" to remove it when they figured out their mistake and put the warrant under the new case.

What I did...and it worked...was I sent a letter to the clerk of the court, explaining the situation and asking her to look into it. Within a few days, she had the warrant recalled.

Then, the problem was that the case was still showing as being "Open/Inactive" in the court records. The warrant was closed, but the court records still showed the case as being open. DOC viewed as a "detainer" and they told him that he had a detainer and wouldn't reduce his security level or let him out on work release because of it. I found the email address of the court clerk online and emailed the clerk of the court, made reference to my first correspondence, explained the situation and the case was closed in the court records THE NEXT DAY.

Now, our last hurdle is that the DOC system isn't updated to reflect that the case is closed....even though the court records are updated. His case manager needs something "in writing" so they can document that the case is closed, even though she can go in the court records and LOOK at it.

It's a real pain in the butt just because one person made a clerical mistake like a year ago....but I'm working on it! I don't know if this information will help you, but it worked for me.

Also, we can order court transcripts ourselves...but you have to pay for them and they're pretty expensive, but probably cheaper than a lawyer. Good luck!

[Carlos Medina]

Originally Posted by cjvkc

My bf got his judicial yesterday in Ohio but didn't get out. During the process of releasing him they found a warrant from New Mexico from 1997!! So they are HOLDING him for extradition. He was in custody for these charges back then and being held for Ohio at the same time but once the deadline came and Ohio didn't extradite him the charges were dropped by the judge but he had to come back to Ohio and turn himself in, which he did and did 8 1/2 years. Since then he's been in and out of prison and county in Ohio for PV's and released and for some reason this pops up NOW??? How can this be? These charges were supposed to be dropped!! And isn't there a limitation on stuff like this or even double jeopardy? Can we get a writ of habeas corpus, exonerate it or is this a "technical defect"? I don't even know what all these things mean but there has to be something we can do so he's not extradited. I can't find any information or get any help from New Mexico on their extradition acts or due process clauses...nothing. I haven't a clue on what to do.....ANY INFO WOULD BE GREATLY APPRECIATED!!

Don't worry about the warrant. It's just a mistake. Nobody is going to approve an extradition on an old case that has been closed. The problem is that somebody at the courthouse got lazy and did not file the papers in his jacket. When they realize their mistake the will release him. I've seen this before. They have a certain amount of time to pick him up. If they fail to get him within that time they will have to release him. I don't know the legal code in Ohio, but the extradition laws are uniformed in all states. Tell you Bf to go to the law library and have someone help him file a Writ Of Habeus Corpus and to file it in the State Court. The Court will investigate quickly and release him.

[cjvkc]

I've called down there and at first I thought I was actually getting some help, WRONG. It seems like they're just giving me the run around. I was told that these are charges that was supposidly "pending" when they let him go and dropped the charges. Now they want to say he's a fugitive, how can that be when they let him go... We are fighting extradition and he has another court date August 14. But this is what I found under their law:

Code Section30-1-8 et seq.

Felonies:
Capital or 1st degree felony: none
2nd degree: 6 yrs.
3rd and 4th degree: 5 yrs.
others: 3 yrs.
-child abuse, criminal sexual penetration, or criminal sexual contact of minor: until victim turns 18 yrs. old or the offense is reported, whichever occurs first

Misdemeanors:
2 yrs.; petty: 1 yr.

Acts During Which Statute Does Not Run
Fleeing justice or not usually or publicly resident of state; enumerated procedural defects; when DNA evidence is available and suspect has not been identified for criminal sexual penetration, time period won't run until a DNA profile is matched with a suspect


So if I'm reading this right, which I hope I am, they have no case because it has been over 3-5 years AND they let him go 12 years ago. Some how we need to get this fixed so they will let him go home. Then leave us alone so we can get on with our life. But we are trying to get the money together to get a lawyer.

But if anyone here knows more than me PLEASE LET ME KNOW!