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kierstinsmama
12-22-2006, 02:58 PM
I have 4 warrants in the state of Florida. One is a VOP on a petty theft charge, the others are failure to pay fine etc....I now live in Indiana and the lady in the warrant dept in Fl said she entered me into the NCIC system. These warrants are from 1996!!! I am wondering what I should do? If I turn myself in here, I am fairly sure Florida will not be coming to get me on a 10 year old warrant for a misdemeanor VOP. But then what? If Florida doesn't want to extradite me, will my warrants still just be in NCIC? So every time I get pulled over for the rest of my life I will go to jail only to be let right back out?

Billy Mack
12-23-2006, 02:34 AM
You could hure a Florida lawyer to work out how much time you'll have to serve, and then go turn yourself in down there.

When I find out about an out of state warrant, our dsipatcher automatically asks if the person will be extradited. If they say, "Yes," that's when I make the arrest. Although ssometimes they change their mind during the 10 days they have to come get the person.

Since you do have an outstanding warrant for not doing what a court told you to do, I probably would arrest you on whatever minor traffic violation that I stopped you for. Being a fugitive makes it seem unlikely that you'd appear in court if I released you on a copy of the citation.

kierstinsmama
12-23-2006, 09:00 AM
I thought it was 3 days they had to come get you, not 10. The fact of the matter is, I will NOT be going down to Florida to tuen myself in on a 10 year old petty theft charge. I simply do not have the money. Obviously that would be ideal, but not practical.
So if someone gets pulled over for not using a signal or running a stop sign, you can arrest them? I was unaware that minor traffic violations were arrestable offenses.
I don't want to make it sound as though I DON'T want to face the music. In 2000, I came into a little money and used it to pay off tickets and fines in 4 different counties. I wanted to just start over. This county I have the warrants in was one of those counties. When I called them to find out what I owed, they told me I was not in their system and as far as they could see I didn't owe them anything. Obviously I can't prove this phonecall took place, But it did. I don't think it's right that they would come after me NOW after all this time. I was totally willing to pay anything I needed to THEN. I wanted to avoid going down to Florida, and just wanted to know just how screwed I am when/if I get pulled over up here....

cyjeff
12-23-2006, 09:03 AM
I thought it was 3 days they had to come get you, not 10. The fact of the matter is, I will NOT be going down to Florida to tuen myself in on a 10 year old petty theft charge. I simply do not have the money. Obviously that would be ideal, but not practical.
So if someone gets pulled over for not using a signal or running a stop sign, you can arrest them? I was unaware that minor traffic violations were arrestable offenses.
I don't want to make it sound as though I DON'T want to face the music. In 2000, I came into a little money and used it to pay off tickets and fines in 4 different counties. I wanted to just start over. This county I have the warrants in was one of those counties. When I called them to find out what I owed, they told me I was not in their system and as far as they could see I didn't owe them anything. Obviously I can't prove this phonecall took place, But it did. I don't think it's right that they would come after me NOW after all this time. I was totally willing to pay anything I needed to THEN. I wanted to avoid going down to Florida, and just wanted to know just how screwed I am when/if I get pulled over up here....

First, you are not being arrested for the traffic stop. You would be arrrested for the outstanding warrants.

Second, make all the excuses you want. You know you owe the money, you know you still owe the system, and now you are saying it is the State of Florida's fault.

It is right and appropriate that they come after you now. You are still a fugitive.

Billy Mack
12-23-2006, 09:50 AM
I thought it was 3 days they had to come get you, not 10.

I don't think there's a solid law on it. What we generally saw in the jail was that in state fugitives would be picked up in three days, and out of state fugitives would be picked up in ten days. The out of state fugitives would get a hearing within 2 or three days to determine if they are the person that the other state wanted.


So if someone gets pulled over for not using a signal or running a stop sign, you can arrest them? I was unaware that minor traffic violations were arrestable offenses.

It depends on the state. In Georgia and several other states, almost all traffic offenses are misdemeanors for which a person can be arrested. However, there's a strong preference in the law and policy for releasing people on citations, but an arrest is within the discretion of the officer if there's reason to believe that a person won't appear in court. If you're a fugitive, there's a strong argument that you won't appear in court.

kierstinsmama
12-23-2006, 10:42 AM
First, you are not being arrested for the traffic stop. You would be arrrested for the outstanding warrants.

Second, make all the excuses you want. You know you owe the money, you know you still owe the system, and now you are saying it is the State of Florida's fault.

It is right and appropriate that they come after you now. You are still a fugitive.

I don't like the fact that law enforement ALWAYS assumes the worst out of people. I'm a fugitive? If I am it certainly is NOT my fault. I called to make sure everything was kosher BEFORE I left the state. I was told by the county clerks office and the warrants dept everything was A OK. So I left. The lady in the warrants dept down there had the same attitude. Made it sound like I changed my name and moved up here to avoid being arrested. It has been 10 years and I am married with 2 kids and happened to move. I hope when it comes back you have warrants that the officer can see they are misdemeanors from 10 years ago. Alot of cops like to treat everyone like a murderer and I'd hate to be brought out of my car at gunpoint.

I thought if the other state didn't want to extradite, then the arrest isn't made?

kierstinsmama
12-23-2006, 10:45 AM
Also, thank you for the information you have provided.

cyjeff
12-23-2006, 11:41 AM
I don't like the fact that law enforement ALWAYS assumes the worst out of people. I'm a fugitive? If I am it certainly is NOT my fault. I called to make sure everything was kosher BEFORE I left the state. I was told by the county clerks office and the warrants dept everything was A OK. So I left. The lady in the warrants dept down there had the same attitude. Made it sound like I changed my name and moved up here to avoid being arrested. It has been 10 years and I am married with 2 kids and happened to move. I hope when it comes back you have warrants that the officer can see they are misdemeanors from 10 years ago. Alot of cops like to treat everyone like a murderer and I'd hate to be brought out of my car at gunpoint.

I thought if the other state didn't want to extradite, then the arrest isn't made?

According to Billy (and correctly), you would be arrested first and then the argument for or against extradition would be made then. They will not take the chance that someone that has been avoiding arrest for 10 years will not run now.

Please get an attorney and work this out. It is worth getting cleared up before your kids see you in cuffs.

kierstinsmama
12-23-2006, 11:50 AM
According to Billy (and correctly), you would be arrested first and then the argument for or against extradition would be made then. They will not take the chance that someone that has been avoiding arrest for 10 years will not run now.

Please get an attorney and work this out. It is worth getting cleared up before your kids see you in cuffs.

Thanks for everything. Obviously it would be best to get an attorney and "work it out". Easier said than done when you live paycheck to paycheck. Maybe that's an "ecuse" to people that have money, but it's a reality to me. I guess I'll keep my fingers crossed until I can come up with the obscene amount of money the State of Florida wants from me for stealing $10 worth of gas 10 years ago whe I was 19. In this case, I think the system is bullsh*t. I think someone lost my "file" and then found it again. I get the feeling they want me to give them all this money to make their year end finances look good..... Thanks for all the input though guys, I appreciate it.

cyjeff
12-23-2006, 12:08 PM
Talk to legal aid in your city... they can be downright cheap or free for something like this.

mikswi
12-23-2006, 01:15 PM
Talk to legal aid in your city... they can be downright cheap or free for something like this.
I agree. Ya know, in all fairness................maybe its just an honest mistake in their system. Maybe they did a system wide computer database update and it "Burped" causing you and possibly hundreds/thousands of cases to be coming up as "Still Open".

Maybe a simple phone call down there would clear it up? Maybe they are aware of the problem already but cannot correct the problems unless someone calls in and notify's them of it.

And maybe they will do something over the phone to erase it, delay it or buy you some time. Maybe they just want the court cost's and would be willing to take $20.00 a month till its paid. Ya just never know unless you ask.

Bad things happen to good people and people make mistakes. Its who you are NOW that matters. Avoiding it will only make it worse. What happens if you go to get hired for a "Dream Job" and they run a criminal check on you only to turn you down because of it? By the time you got it cleared up, even if it only took a day - they would have hired someone else already.

The only thing waiting makes better, is when your waiting for paint to dry.

Billy Mack
12-23-2006, 07:26 PM
According to Billy (and correctly), you would be arrested first and then the argument for or against extradition would be made then. They will not take the chance that someone that has been avoiding arrest for 10 years will not run now.

I said that I check to make sure that the other state will extradite before I make the arrest.

However, if a person is a fugitive from another state, and I have them stopped for a minor traffic violation, that will have an impact on my decsion to arrest or release on a copy of the citation.

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