I was told by a U.S. Customs Agent in Atlanta, Ga. there was a warrant out for my arrest and I had to be extradited back to Louisiana. He placed a call to the Sheriff Office to confirm and was told it was a case from 1993 and it contained theft.
Moreover, the sheriff office waved the extradition and told the U.S. Customs Agent to give me the case number along with their phone number and to give them a call. When I did placed the call, I was told nothing about the case. The sheriff officer instructed me to come into the office to discuss this matter. I can not recall anything from '93 that happen out of the ordinary, where the law was broken.
What are my current rights and protection to my other interest (family, career, etc.)? What is the statue of limitation on this case and what questions am I asking to find the correct Attorney to defend me?
In the eyes of the law, an individual with warrants should not benefit from evading the authorities. Therefore, the Statute of Limitations "tolls". This means the clock stops ticking. Any number of months/years can pass, but since the District Attorney is unable to prosecute the fugitive due to his/her choice not to return, when s/he does come back, whether voluntary or involuntary, the law permits them to go forward with the charges.
What usually occurs when one is stopped, authorities call the police in the jurisdiction where the warrant is pending and inquire if they intend to retrieve the fugitive. The type of crime and stage the case was at usually determines whether a person will continue to be detained. If it was a serious felony and/or violent, and the case was indicted .i.e., the individuals accusing the defendant testified in the grand jury and a vote was taken -- it is likely the authorities will retrieve the fugitive. If s/he was convicted of the crime and sentenced in abstentia to a period of incarceration, they will definitely pick up the absconder. If the fugitive has numerous outstanding warrants and/or is a danger to the community, s/he will be retrieved. Once police, in the jurisdiction where the warrant is, indicate their intentions to pick up a fugitive s/he can be detained for a limited period of time. Each state has its own law stating the amount of time permitted to hold a fugitive. If the authorities do not retrieve the fugitive in time, s/he must be released.
Understand someone accused of having an outstanding warrant has a right to disagree s/he is the fugitive. If s/he disagrees, the authorities where the warrant is pending must obtain a "Governor's warrant" to be able to remove the fugitive from another state. When the accused "waives extradition", it means s/he is admitting to be the person and agreeing to be transported to the jurisdiction where the warrant is outstanding. Again, however, if the fugitive waives extradition there is a limited period of time in which authorities must retrieve him/her, otherwise s/he must be released. You state the sheriff "waived extradition" on your behalf. This is not permitted. Also, had the sheriff done so you would not have been released. Instead, they would have been able to continue to detain you.
The best thing you can do, since the police did not cooperate and inform you of the outstanding charges is to hire a criminal lawyer in the town where the warrant is pending. Have the attorney contact the police. They have an obligation to provide the details to the lawyer. If the crime is petty, in some jurisdictions not all, the court may allow an attorney to vacate the warrant. It is critical, however, your lawyer be able to provide the court and prosecutor with documents demonstrating, where the fugitive lives, s/he is working, and has had no other incidents with the law. You can do this by being fingerprinted in the jurisdiction where you live and obtaining an updated rap sheet. It is also helpful if you have a family and paid your taxes over the years.
Ultimately, what you are seeking is dismissal of the outstanding charges. When a number of years have passed sometimes it is difficult to find witnesses, including police officers who may have retired, or evidence has been destroyed. If it is an indicted felony, you must appear with an attorney. Bail will very likely be set, if a felony and/or a violent crime, however, it will be a more reasonable amount if a fugitive surrenders voluntarily than if the authorities have to spend time and money traveling to another state or jurisdiction.
Best of luck,
-- Laura Miranda
