Expert: Robin Sexton - 4/11/2008

Question
My son, living in CA, had a warrant issued for a dirty test in Texas for a case he was on probation for there. He was unaware of the warrant and was picked up when pulled over (speeding) on 3/27/08. He has waived extradition. How long before they come get him and what usually happens in a case like this. This is his first and only offense.

Answer
Sue,

Once your son has waived extradition the requesting State, Texas, has 30 days to come and get him unless an extension is granted.  Once he arrives back in Texas he is taken before a judge in the jurisdiction the warrant was issued in.  With out knowing a lot more about the case it is almost impossible for anyone to speculate on the probable outcome.  If Texas is willing to come and get him on a probation violation then I would not be surprised if they incarcerate him.  Another issue is that if he is on probation then he was probably in violation by being in California.  Your son is going to  need legal counsel.


Good Luck

Robin