my husband here in phoenix is being held on a failure to appear charge in indiana. he paid the fines and went through the program but the attorney did not appear for the pre trial conference. how do we keep the extradition from going through? is there a statute of limitations on this?

Fr_Chuck

the failure to appear charge would not have one. statue of limitation is the time from when the crime happened to when you are charged with it.

So if he was charged with failure to appear the same day he did not appear, there would be a warrant issued, the warrant never expires.

There is no way to stop the extradition, you are better off spending your money on an attorney and arranging bail to the court he will go to.

excon

Hello sonypatt:

The Padre is, of course, right on. You're hubby is headed for Indiana.

So, I'm going to address another issue. You may still be confused, or your husband is, or you're not getting the real story. I dunno. I don't care. That's not my point.

If an attorney failed to show up at a pre trial conference, it would NOT result in a warrant for your husband for "failure to appear" - certainly since it was the ATTORNEY who failed to appear - not your husband.

Next. If he paid the fines and went through the program, that means he WAS convicted, sentenced, punished and released (or escaped???). "Failure to appear" would mean that he never showed up in court to BE convicted in the first place. Of course, we know he was convicted.

In order to help, and I think you want to, you need the straight story. You don't have it. If there was an attorney, pick up the phone and call him....

excon

PS> (edited) Actually, if your husband DID complete his program, and this is just a GLICH (which I highly doubt), then hire a Phoenix attorney to straighten it out. Your hubby MIGHT be able to stay in town. Just watch out for Sheriff Joe.