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View Full Version : Capias from another state


Rastaman42010
Jun 25, 2009, 05:43 PM
Ok here goes. Well I lived in virginia for a while and was screwed by a bunch of crooked cops in a small town and was charged with a felony possession with intent to distribute 3 oz of marijuana. I was not arrested or charged at the time of the incident so after 3 months of not hearing anything I moved to California where I reside now and have been residing for the past 2 years. Then out of the blue my father calls me 6 months after the fact and says that my name is in the paper and that I had a warrant for my arrest. So I flew back and turned myself in to try and clear everything up. I took a plea bargain in which I would be on probation and be able to return to my home here in CA. Well about 3 weeks ago the po from VA called and said that I was denied but wouldn't give me a legitimate reason but just said that I had 30 days to return to VA or there would be a capias issued for my arrest. Can they go against the plea agreement and make me uproot my entire life for this. Also does anyone think that Va will come all the way out here for me since I am not a violent offender. All advice welcome. I am really stressed out and I have a wife and child I am supporting here to that I can't leave.

stevetcg
Jun 25, 2009, 05:54 PM
THe plea and the probation are two different issues. The plea was for the sentancing. THe probation is the punishment. There should be a process to transfer probation since you reside out of state. Check with your local probation office. They may be able to assist you. If not, get a lawyer.

I don't think VA will come to get you, but next time you get pulled over for speeding or a tail light, you will be arrested and thrown in jail until VA decides if they want to. This will be days. After that, next time you get pulled over, the warrant will again show up and the process starts over.

excon
Jun 25, 2009, 06:03 PM
Hello R:

If your plea agreement allowed for you to reside in California, then it IS viable. The problem you're going to have is getting this evidence up in front of the people who can DO something about it.

I'd start with your attorney in VA. If you didn't have one, I'd get one.

excon

stevetcg
Jun 25, 2009, 06:09 PM
Hello R:

If your plea agreement allowed for you to reside in California, then it IS viable. The problem you're going to have is getting this evidence up in front of the people who can DO something about it.

I'd start with your attorney in VA. If you didn't have one, I'd get one.

excon

I read it as saying that the plea was for probation and he was told that it could take place in CA. Not that it was part of the agreement. If I am wrong, I stand corrected in that part.