Q: My boyfriend was just arrested in new mexico on a Minnesota probation violation warrant. Can he serve the time in N.M?
We're waiting to see if be picked up extra charges in new mexico during the arrest. I would like to know either with or without new charges if he can serve the time in new mexico instead of being extradited. And/ or if he can do his probation in new mexico
A: No. He will be extradited back to Minnesota and serve his time there.
A: As far as serving probation out of Minnesota in New Mexico? No.
Transferring supervision of probation to another state is is something that must be brought up with your Minnesota probation officer, if your boyfriend is placed back on probation. There are rules regarding supervision of out of state probationers upon meeting certain criteria and acceptance of the supervision.
The State of Minnesota will have to decide if they are willing to pay the time and money to extradite your boyfriend from New Mexico. New Mexico will extradite a defendant if there is an open warrant, the other state requests it and will pay for it. The State of New Mexico has deadlines in which another state must pick up an individual awaiting extradition.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.