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    dfurrey's Avatar
    dfurrey Posts: 4, Reputation: 1
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    #1

    Jul 30, 2007, 12:42 PM
    Criminal Law
    If someone is served papers in Montana to show up for court in Nebraska. He doesn't plan to go at all. What will happen?
    mountain_man's Avatar
    mountain_man Posts: 269, Reputation: 45
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    #2

    Jul 30, 2007, 12:45 PM
    Quote Originally Posted by dfurrey
    If someone is served papers in Montana to show up for court in Nebraska. He doesn't plan to go at all. What will happen?
    To show up for what kind of court hearing in what capacity?
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    dfurrey Posts: 4, Reputation: 1
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    #3

    Jul 30, 2007, 12:47 PM
    Quote Originally Posted by mountain_man
    To show up for what kind of court hearing in what capacity?
    It's for $17,000 back child support and kidnapping charges, but she abandoned them and he went and got them at her Mom's house, but without her consent. He had them for 6 months before she came and got them.
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    mountain_man Posts: 269, Reputation: 45
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    #4

    Jul 30, 2007, 12:53 PM
    So the person receiving the papers is alleged to have $17000 in back support and a kidnapping charge?
    dfurrey's Avatar
    dfurrey Posts: 4, Reputation: 1
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    #5

    Jul 30, 2007, 12:53 PM
    Yes!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jul 30, 2007, 12:55 PM
    If they are being charged with kidnapping, and owing 17000, and they don't show up, if this is family court, they will lose, they will be found in contempt for court most likely, and be ordered to pay and loose all issues with the case.
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    mountain_man Posts: 269, Reputation: 45
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    #7

    Jul 30, 2007, 12:55 PM
    Then there will be a warranted for Failing to Appear issued for his arrest. Either a state-wide or national warrant with an extradition order. Both charges are a felony. You can only run from the law so long
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    dfurrey Posts: 4, Reputation: 1
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    #8

    Jul 30, 2007, 03:25 PM
    Do you think they will go as far as national warrant and extradite him?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Jul 30, 2007, 04:33 PM
    All warrants are national, if this is criminal court, and he does not show up, then there will be a warrant issued.

    The only difference is if this was a speeding ticket, if the person is stopped in Florida, they will not hold him and take them back, but the warrant will show up and they will be stopped. On some felonies yes they will hold them and take them back, it is up to the state and the agency that wants them back
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #10

    Jul 31, 2007, 06:30 AM
    A warrant will be issued for his arrest. Whether the authorities in Nebraska will invest the time and energy to extradite him from Montana is anyone's guess. Likewise, whether the Montana authorities will invest the time and energy to seek out and arrest him on Nebraska's behalf is anyone's guess. It all depends on the severity of the offense. However, if nothing else, the next time you get stopped for a traffic violation, you'll get the cuffs slapped on you.
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    s_cianci Posts: 5,472, Reputation: 760
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    #11

    Jul 31, 2007, 06:31 AM
    Quote Originally Posted by dfurrey
    Do you think they will go as far as national warrant and extradite him?
    For a kidnapping charge and $17,000 in back child support, probably.

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