Legal Question in Criminal Law in California

Ok so I live in Mesa AZ and have a great job offer in California. However, while I was on probation for a non drug, non DUI, non violent offense, I was pulled over for an improper turn and received a DUI and possesion charge for marijuana. I am now off probation and because of the strict marijuana laws in AZ they are trying to give me 2 1/2 years in prison. I have never had a DUI or any type of drug charge in my life. They are tying to give me 2 1/2 years in prison because they found out I was on probation at the time and I did not have a license so the state is charging me with a felony dui and possesion charge. I am currently off probation and have a upcoming court date. My question is if I moved to California will there be a warrant for my arrest? Is it likely that I would be extradited back to AZ. Furthermore, what are the statue of limitations on this charge? Will California not care about the charge because of its accepted marijuana culture and NO DUI's for marijuana? Thanks


Asked on 5/18/10, 8:07 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

How refreshing that someone who doesn't like to obey the law plans on moving to California! If there is anything California needs, it is more felons. There is no statute of limitations to be concerned with if you have a court date, because charges have already been filed. You should post to Arizona's attorneys on Lawguru, and find an Arizona attorney to defend you.

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Answered on 5/23/10, 8:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Thank you for writing. Obviously you need to go to AZ and get a lawyer who is licensed in AZ to advise you, and obviously you could specify AZ as your state here on LawGuru. I don't know what the local practices are in AZ but I would be surprised if a felony or any jail time resulted from all of this. Then again, I have heard some crazy stuff coming out of Arizona lately. If you were to become a fugitive you would be subject, at best, to being hassled at inconvenient places and times forever and, at worst, to a long series of bus rides back to AZ. Finally, what you might consider mainstream California culture is not necessarily reflected in its court system. Your mileage may vary..

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Answered on 5/23/10, 9:19 pm
Terry A. Nelson Nelson & Lawless

If you leave and don't properly deal with the AZ charges, yes you will have a felony warrant that is honored by every other state as grounds for arrest if you come in contact with law enforcement anywhere - traffic stops, borders, airports, DMV, etc. Warrants, like criminal records, are 'forever'. You wouldn't just be 'hassled', you'll be transported in chains back to the AZ court. from wherever you're caught. What would make you think CA or any other state would just ignore a warrant? You've been smoking too much of that stuff.

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Answered on 5/24/10, 3:10 pm


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