Houston, TX asked in Criminal Law for Texas

Q: Can you be granted parole with an outstanding open case, and then arrested and extradited for that case 6 months later?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: There is no one simple answer that is generally applicable so you should consult your attorney if you need specific details of a specific case. In the general sense, the answer would be immediately apparent if you change the question to "Can a huge government bureaucracy make a mistake when coordinating with another huge government bureaucracy from another state?"

If the state where the inmate was incarcerated was aware of an outstanding felony arrest warrant then they would (presumably) notify the jurisdiction that issued that warrant of the impending release date. However, the jurisdiction that issued the warrant must follow a specific procedure to initiate the extradition process, so perhaps they didn't do that in a timely manner before the parolee was released. Also, a wanted person has the option of contesting the validity of an extradition request, which could slow things down on the extradition side but not necessarily on the parole side.

State systems attempt to work together but they are separate agencies staffed by different people and each is primarily concerned with their own internal policies and procedures.

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