Q: My boyfriend got arrested in Pennsylvania for a bench warrant in New Jersey on a case that happened 18 yrs ago
It was on an assault case that was In 2003 and the order a bench warrant for 2004. But the guy who filed the charges moved to Florida and passed away in Florida. But my boyfriend told me that he was defending himself after the guy knock my boyfriend's glasses off his face and he couldn't see.
A:
The states cooperate in terms of arresting people wanted on another state's warrant. Your boyfriend will be subject to extradition, which means that PA will call the NJ entity that issued the warrant and ask if NJ wants to come and get him or if PA should release him. If NJ indicates that they want to pick him up, they have 30 days to do so. Your boyfriend can challenge extradition in a hearing, but that hearing only concerns whether he is the correct person sought under the warrant.
If NJ does indicate that they will pick him up, after he is transported to NJ he will face the charges in the town or county where they were filed. If the offense is an aggravated assault, he could be subject to detention if the prosecutor files for it and wins. While a victim is a very important witness in an assault case, the fact that the victim is now deceased doesn't mean the prosecutor is required to dismiss the charge (though the prosecutor may decide it's in the state's interest to do so). An "unavailable" witness's statement is admissible in court, so the state could pursue the case at its discretion.
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.
