North Hollywood, CA asked in Criminal Law for California

Q: If a CA inmate has a fugitive hold in AZ, how can he take care of it while he is serving his time in CA?

While he is doing his time in a San Bernardino County Facility my friend wants to know if he can do anything about his fugitive hold from AZ. Is there a way he can have someone go on his behalf to a court date or some type of paperwork he can sign and have sent back to AZ? Any kind of advice would help at this point. Thank you in advance.

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2 Lawyer Answers

Sergio H. Benavides

  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: His attorney can get in touch with the prosecutor's office in Arizona and see if the issue that gave birth to the fugitive hold can be negotiated in a way that could help out the person in California.

Eric J Youngquist

  • Criminal Law Lawyer
  • Palm Springs, CA
  • Licensed in California

A: First off the question is somewhat problematic. For an attorney to appear on behalf of your incarcerated friend in another state requires that attorney to first be licensed in the State of Arizona and have permission from your "friend" to handle the matter sometimes in writing. In California , licensed attorneys can appear pursuant P.C.977(a) for misdemeanors where their clients are unavailable, and can make motions to quash holds and warrants. However, if the fugitive warrant in Arizona is a felony, or the Court has ordered a body attachment, then his personal presence will be required. At a minimum, he can research his case from prison and write a letter to the court articulating his circumstances.

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