Newport News, VA asked in Criminal Law for Virginia

Q: If I have a warrent in another state for misdemeanor possession of marijuana under 20 grams can I deal with it here?

I have a warrent in florida for VOP under misdemeanor mail in probation due to non payment with no job. I reside in Virginia with my wife and kids and do not want them to extradite me to florida over a petty misdemeanor. Can I deal with the courts and probation here or do I have to return there in order to settle this long and drawn out legal process? Please help!!

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3 Lawyer Answers
Bryan J. Jones
Bryan J. Jones
Answered
  • Criminal Law Lawyer
  • Charlottesville, VA
  • Licensed in Virginia

A: You cannot deal with it here. However, it is very unlikely that Florida would extradite you for a misdemeanor possession of marijuana case.

Susan Fremit agrees with this answer

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: You can not resolve the issue here n Virginia. However, I highly recommend you take steps to return to Florida and resolve the issue. While Florida might not choose to spend the money and resources to extradite you, the warrant still exists and makes you subject to arrest at any time in any state.

For example, if you were to be stopped in Virginia for a simple traffic ticket, you could be arrested on the outstanding Florida warrant. In such a situation, you risk sitting in jail without bond for several weeks while Florida decides whether or not to extradite you. And then if they decided not to extradite you, the warrant still exists and you run the risk of being arrested again at a later date after being released from jail in Virginia.

I would recommend retaining a Florida attorney to help you best resolve the Florida case so that you will no longer have an outstanding warrant.

Susan Fremit agrees with this answer

Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: As you have been advised, you cannot resolve your FL case in VA. Contact a FL attorney (go to find a lawyer on this website and click on FL, criminal lawyer) to find out how best to deal with this situation.

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