Legal Question in Criminal Law in California

My boyfriend commited a crime in Colorado several years ago. About 2 years ago he was arrested in California (where we have lived for about 10years) on a warrent from Colorado for the crime he commited. He was extradited to Colorado and then placed on felony probation which they allowed to be transferred to California where we live. Almost a week ago my boyfriend was arrested and the charge was listed as complaint against fugitive; magistrates warrent. When I called his probation officer here in California he said that the reason for the warrent was for a violation of his probation for not haveing a current contact number. Which was reported to Colorado and they issued a warrant. We still have the exact same contact number we have the entire time hes been on probation and have no idea why probation labeled it as invalid. I also spoke with his public defender who said that if we pay the $270 he has left on his probation fines that he could be released and finished with his probation. When I called Mesa county clerks office in Colorado to try and pay his fine I was told that his fines were to be paid to a collection agency they go through who in turn said that due to the collection agencys fees he now owes almost 2,000. All his public defender has said on the issue is that my boyfriend is going to be extradited to Colorado and theres nothing he can do. His probation officer in California said as soon as the warrant was issued that he was no longer in control of his case and what happens is solely up to Colorado. Im just wondering who exactly is in charge of his case now and how to fight him being extradited all over some technical error about a contact phone number.

Asked on 11/02/13, 9:10 am

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Your boyfriend is entitled to a hearing before being extradited. But the hearing is often waived since the only issue at the hearing is whether your boyfriend is the person wanted in Colorado. Any hearing on whether the probation was actually violated will apparently be held in Colorado. Apparently the case was only transferred to California for supervision.

It seems like there has been a communication lapse. Perhaps your boyfriend failed to return a phone call or reply to a letter. Colorado has the option of refusing to come and pick him up. That won't void the warrant but it would prevent an immediate extradition at least until the next time he jay walks. You might call the probation department in Colorado and see if you can take care of the situation.

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Answered on 11/02/13, 1:39 pm

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