Oklahoma City, OK asked in Criminal Law for Oklahoma

Q: Can county issue a warrant for failure to appear if they've been notified that the person is in jail in another county

My friend bonded out of one county but had a hold on another county. His court date is in two weeks and he was told that if he was still in jail in the other county that they would issue another warrant for failure to appear. And that even though he has met his bond that they might keep him until his next court date even though it would exceed that 10 days that the other county had to extradite him

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1 Lawyer Answer
David A. Cincotta
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  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Typically, the courts will issue a warrant if a defendant does not appear as previously ordered - even if the defendant is in custody somewhere else. The court typically won't order the bond forfeited if it is clear the person is in custody elsewhere, but that helps the bondsman and not the defendant. The 10 days you reference has to do with inmates who are in custody in another state and waive extradition. There is not technically a ten-day rule for counties within the same state. Further, the county where he is incarcerated will not be required to release him to a warrant from another county until he resolves the case or matter in the county where he is incarcerated - unless he posts a bond in that county.

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