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Legal folks – could use some ideas on resolving an o/s possession warrant in AR {not mine!} Login/Join 
thin skin can't win
Picture of Georgeair
posted
Happy to discuss details on phone or by email with anyone willing to help. In a nutshell have an acquaintance who has an outstanding warrant from a state they no longer live in for possession of controlled substance, circa 2016. Not surprisingly this has started to crop up as a roadblock in job applications even though they are now 600 miles and 3 states away.

Not my area of expertise at all, looking for insight into how best to start to resolve this other than just walking into sheriff’s office and bonding out, though that may well be the first step. My simple answer was to just not list any time/address/job ever spent in that area on application, but that is a short-term answer at best.

Bonus points if you have contacts or a reference for an assist with this in Fayetteville, AR area! Email in profile works.

This message has been edited. Last edited by: Georgeair,



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Posts: 12852 | Location: Madison, MS | Registered: December 10, 2007Reply With QuoteReport This Post
safe & sound
Picture of a1abdj
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Sounds like your friend needs to hire an attorney local to the warrant and have him start getting the process underway.


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Posts: 15922 | Location: St. Charles, MO, USA | Registered: September 22, 2003Reply With QuoteReport This Post
Unflappable Enginerd
Picture of stoic-one
posted Hide Post
Your friend needs to go back to the other state or get a lawyer in that state to start resolving their issues.

Do that before they are picked up in the current state for that warrant(when stopped for a speeding ticket or something stupid like that), and have to go through the extradition process. They will end up in jail for weeks before transfer to the original state, and probably won't be able to bond out until returned to the original state.

Just went through this with a friend of mine in the last 2 months.

Just to add, your friend will probably end up returning to the other state, surrender themselves, and then bond out.


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Posts: 6384 | Location: Headland, AL | Registered: April 19, 2006Reply With QuoteReport This Post
Member
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It depends on the state and severity of the offense. Your friend needs a lawyer, but I would start by having a local lawyer send a letter of inquiry to the jurisdiction in question asking what they want to clear the matter up. I have often seen areas waive charges if the expense involved in retrieving the person is prohibitive. Federal prisoners used to get them released quite often.
 
Posts: 17297 | Location: Lexington, KY | Registered: October 15, 2006Reply With QuoteReport This Post
semi-reformed sailor
Picture of MikeinNC
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Lawyer.

Lawyer in the jurisdiction where the warrant was issued.

This outstanding warrant will never go away like they used to, due to computers. The computer never forgets. Plus some places can and will issued a warrant in another state for a failure to appear in the original state.

And , you already know it will impede a job where they run backgrounds.



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Posts: 11526 | Location: Temple, Texas! | Registered: October 07, 2006Reply With QuoteReport This Post
Member
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quote:
Sounds like your friend needs to hire an attorney local to the warrant and have him start getting the process underway.

^^^^^^^
Yep. This sort of thing is a pretty frequent occurence.
 
Posts: 17643 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
Age Quod Agis
Picture of ArtieS
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Get a lawyer local to the warrant, and preferably, one who is known to LE and the judges.

I don't say this for reasons of corruption, rather they can be much more effective.

From personal experience, I had a lawyer represent me in a case regarding an unregistered motorbike when I was younger, and involved in an accident.

The lawyer was known to the prosecutor, the police Lt. who represented the police department at preliminary hearings, and the magistrate who heard preliminary hearings. Because he was known to them, and credible with them, when he told them my story, my history, and my reasons for having an unregistered bike, the Police Lt. and the magistrate agreed that a $100 fine for crossing a center divider was sufficient, and I went home.

Having a decent, credible and known lawyer can make a big difference.



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Posts: 13013 | Location: Central Florida | Registered: November 02, 2008Reply With QuoteReport This Post
Res ipsa loquitur
Picture of BB61
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The only valid advice is to retain an experienced criminal defense attorney practicing in the jurisdiction where the warrant was issued. In my experience, old misdemeanor warrants tend to bite a defendant at the most inconvenient or difficult time.


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Posts: 12642 | Registered: October 13, 2002Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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Yep, he's going to have to get with a local defense attorney.

If it's a misdemeanor in District Court (like first offense possession of a small amount of marijuana or some prescription drugs), he can likely get it handled relatively easily through his attorney.

If it's a felony in Circuit Court (like most other drug possession charges), it won't be so easy to handle remotely, and he'll have to show up in person at some point.

But either way, it's going to take the assistance of a lawyer, and he's going to have to deal with it. It isn't going away.
 
Posts: 33305 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
thin skin can't win
Picture of Georgeair
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Thanks for all the replies. Agreed, a local appearance or two is going to be needed. I am just at a loss how to find a competent but not outrageous attorney in a city where you have no local contacts.

It's a hike, and just wandering into town to sort that out with no advance contact or planning is going to burn a lot more time and money than available. Hoping some of our AR members may have some contacts or ideas in the area that he can start with.

Or other attorney's with any suggestion on how to ferret that out.



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Posts: 12852 | Location: Madison, MS | Registered: December 10, 2007Reply With QuoteReport This Post
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Maybe start with that states bar association for lawyers that are in the area the warrant was issued?
 
Posts: 375 | Location: The once great state of California | Registered: November 05, 2006Reply With QuoteReport This Post
Do No Harm,
Do Know Harm
posted Hide Post
quote:
Originally posted by MikeinNC:

This outstanding warrant will never go away like they used to, due to computers. The computer never forgets. Plus some places can and will issued a warrant in another state for a failure to appear in the original state.


Sidenote, since the answer has already been decided...back before 2010 or so, a (all) warrant in my state was on paper, held at whatever agency obtained it.

Felonies and major misdemeanors could/would be entered into the national database, but hundreds of thousands (ok, maybe just tens of thousands) of warrants were sitting at police stations or sheriff departments.

After 90 days, I think it was, they were pulled and sent back to the courthouse, stuffed in a box somewhere in the bowels of the building.

So if you stopped Joe Blow, and he had an assault warrant from a year ago, either you didn't know about it, or if you did you couldn't get your hands on it after hours.

Well, come 2010ish, the warrant system went digital. Every new warrant went into a system that was visible state-wide. Alllllll those olde warrants in the bowels of the courthouses, too.

It was a warrant-serving buffet for a few years. And I mean "Forgot to return library book 15 years ago" kinda shit. Quite the mess for some people.




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Posts: 11465 | Location: NC | Registered: August 16, 2005Reply With QuoteReport This Post
The Ice Cream Man
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“No such thing as a cheap lawyer.”
 
Posts: 6000 | Location: Republic of Ice Cream, Low Country, SC. | Registered: May 24, 2007Reply With QuoteReport This Post
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Picture of Pyker
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Find out who the Public Defender is in that area,(the courthouse admin will know) and ask them who/what they recommend.
 
Posts: 2763 | Location: Lake Country, Minnesota | Registered: September 06, 2019Reply With QuoteReport This Post
Dances With
Tornados
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quote:
Originally posted by Aglifter:
“No such thing as a cheap lawyer.”


Good lawyers aren't cheap, cheap lawyers aren't good.

This is true of everything in life, just change the word.
 
Posts: 12031 | Location: Near Hooker Oklahoma, closer to Slapout Oklahoma | Registered: October 26, 2009Reply With QuoteReport This Post
Big Stack
posted Hide Post
Prosecuting those cases must have been fun.

quote:
Originally posted by chongosuerte:
quote:
Originally posted by MikeinNC:

This outstanding warrant will never go away like they used to, due to computers. The computer never forgets. Plus some places can and will issued a warrant in another state for a failure to appear in the original state.


Sidenote, since the answer has already been decided...back before 2010 or so, a (all) warrant in my state was on paper, held at whatever agency obtained it.

Felonies and major misdemeanors could/would be entered into the national database, but hundreds of thousands (ok, maybe just tens of thousands) of warrants were sitting at police stations or sheriff departments.

After 90 days, I think it was, they were pulled and sent back to the courthouse, stuffed in a box somewhere in the bowels of the building.

So if you stopped Joe Blow, and he had an assault warrant from a year ago, either you didn't know about it, or if you did you couldn't get your hands on it after hours.

Well, come 2010ish, the warrant system went digital. Every new warrant went into a system that was visible state-wide. Alllllll those olde warrants in the bowels of the courthouses, too.

It was a warrant-serving buffet for a few years. And I mean "Forgot to return library book 15 years ago" kinda shit. Quite the mess for some people.
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
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