Legal Question in Criminal Law in Virginia

Felony arrest warrants out of state

I live in Indianapolis, Indiana and was pulled over for expired registration and found out I have an arrest warrant in Albemarle County, Virginia for grand theft. After calling the police officer in charge of this matter I was told I would have to travel to Virginia on my own expense to clear this situation up, which presumably means go to court. After contacting several local agencies in Albemarle County, Virginia I was told that thier are no financial assistance programs that would assist in my traveling back to Virginia to clear this matter up. I recently applied for a transportation job here in Indiana and was denied because of this warrant, and now everytime I am pulled over I am slapped with handcuffs to wait my transport to jail. Then I am told Virginia does not WANT to extradite me and pay for me to come face the charges. This matter has not reached the courts in Albemarle County, it is just an arrest warrant. What can I do to get financial assistance to travel down there? Who can I talk to or what actions can I take to clear this matter up so I can get my job and get on with my life in Indiana?


Asked on 9/14/06, 2:37 pm

2 Answers from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: Felony arrest warrants out of state

Why would you think there is "financial assistance" to help you out? What concern do I as a taxpayer have in paying for your transportation to come answer to the charge. If Virginia does not want to extradite, that is in its discretion. You have the responsibility of taking up the matter. I would imagine that if this is preventing you from getting jobs, then you would find away to get to Virginia to clear it up.

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Answered on 9/14/06, 2:42 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Felony arrest warrants out of state

I thought the other lawyer's answer a little rude. He is however right. You already know there are no assistance means to transport you to Virginia. You indeed have to come here and clear it up yourself.

If you are unemployed, the time to do it is now. I don't know the facts of your case but you are charged with a felony that carries up to 20 years prison. You would have to be in Virginia for a Preliminary Hearing, and then for a Circuit Court docket call and a then trial. The process could take 2 months or more. Hiring a local lawyer to do alot of the leg work for you (such as making arrangements for less hearings with the prosecutor) would help you out but I assume if you can't afford the travel to Virginia, you can't afford an attorney either. If you are indigent, the court can appoint you a public defender, but again, you would have to take the time to actually come here and either stay for the duration or come back and forth.

Upon your arrival you would turn yourelf into a poice station or the Magistrate of Albermarle County. Unless you come before 8am you will be jailed until you can see the Judge. The Judge will then set a bond for you (sure not to be low because you're an out of state resident). Only then could you be released pending your hearings.

Not an easy choice but they are the only ones you have. Live as you are or come to Virginia.

Good luck.

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Answered on 9/14/06, 6:16 pm


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