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A question of legal shennanigans or chicanery?

blackjack2145309 ๐Ÿšซ

Something i'd like an answer on by someone smarter than I am on the topic.

Okay let's say our hero had a supernatural type encounter with a pack of werewolves that have infiltrated the police force of some little no name town A which ends up in him escaping but the "werewolves" in question arrange it so that a bench warrant is issued for our hero to drag him back from Town B where the hero escapes to.

Okay let's say at this point our hero is in the jail of town B and about to be extradited to town A at what point could i send in my lawyer character in (not the main character) to pull the MC's tail out of the proverbial fire?

GrayRanger ๐Ÿšซ

@blackjack2145309

Only if you're hero's lawyer is able to get an audience with the judge that issued said warrant without your hero present (covid or cancer treatment etc.). If mc is in town b and in custody his goose is already cooked as he will sit in jail until transport to town a is arranged putting him in the hands of your bad guys.

Michael Loucks ๐Ÿšซ
Updated:

@blackjack2145309

He'd have a bit of hope if he escaped across US state lines, but SCOTUS has ruled that extradition is not discretionary, so if he's in custody, he's going back. That said, he could challenge extradition, which would give judges in State B a chance to review the warrant from State A.

If he's not in custody in State B, there is no requirement for State B to expend any resources to search for him and take him into custody.

This might have current application post-Dobbs where State B doesn't want to extradite to State A, so they simply expend zero resources looking for the person against whom the warrant is issued.

Note - this is state prosecution. Federal has an entirely different set of rules. In federal custody, he's likely screwed unless he can convince a federal judge to quash the warrant (not an easy thing to do).

NOTE: Not an attorney, just someone interested in the law. There are many nuances. Contact an attorney for actual advice. Mine is suspect. Automatically.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Michael Loucks

There are many nuances. Contact an attorney for actual advice. Mine is suspect. Automatically.

On the other hand this is for a fictional story that's already not real world. The author can make the law whatever is needed to make the story work.

Replies:   Michael Loucks
Michael Loucks ๐Ÿšซ

@Dominions Son

On the other hand this is for a fictional story that's already not real world.

Wait! Werewolves aren't real??? ๐Ÿ˜ฑ๐Ÿ˜ฑ๐Ÿ˜ฑ

richardshagrin ๐Ÿšซ

@blackjack2145309

pull the MC's tail

If the main character has a tail, he may also be a werewolf.

Replies:   StarFleet Carl
StarFleet Carl ๐Ÿšซ

@richardshagrin

werewolf

There wolf!

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@StarFleet Carl

werewolf

There wolf!

Werewolf!

Where wolf?

There Wo...Ahh

Mushroom ๐Ÿšซ

@blackjack2145309

Okay let's say our hero had a supernatural type encounter with a pack of werewolves that have infiltrated the police force of some little no name town A which ends up in him escaping but the "werewolves" in question arrange it so that a bench warrant is issued for our hero to drag him back from Town B where the hero escapes to.

This goes way beyond what the police can do anyways.

Bench warrants and the like are done by the DA and judges, not the cops. And it also depends on what the bench warrant is for.

It has to be for something serious enough to be extradited for in the first place. I knew a guy in Alabama that one day got picked up on a bench warrant out of Mississippi. It was for a minor traffic ticket, but he sat his ass in jail for three days.

And Mississippi decided that it was not worth extraditing for that so the charge was cleared and he left the jail a few days later.

That would actually be the case in most misdemeanor charges, unless the locations were in adjoining counties. Because most things like this are not actually handled by local police, but by county sheriff departments and DA offices. Local police are rarely involved in them at all.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Mushroom

It has to be for something serious enough to be extradited for in the first place.

My understanding is that if it's intra state (that is both towns are in the same state) then the legal process normally associated with inter-state extradition doesn't apply.

Replies:   Mushroom
Mushroom ๐Ÿšซ

@Dominions Son

My understanding is that if it's intra state (that is both towns are in the same state) then the legal process normally associated with inter-state extradition doesn't apply.

But there is still cost involved.

The county that requests extradition has to pay for the charges relating to the arrest and confinement of the individual, as well as the costs associated with transferring them back for trial. And for most misdemeanors it is simply not worth the expense.

About 25 years ago I got arrested in Orange County for a traffic warrant out of LA County. Most times they would have just let me go, but they were bankrupt and actually saw a small profit from arresting me for it then sending me to LA. And the attorney I spoke to briefly even told me that at any other time I would not have been arrested at all over something so minor.

And a few times since I had interactions where they would inform me I had a warrant out of another county. But each time they simply shrugged and let it go as they were all for minor traffic and they knew it was not worth their time as the requesting department would never bother to come for me over something as minor as a 5 year old license plate light violation.

Which thankfully has finally fallen off my record. As I was driving through LA and got pulled over for my plate light being out. And no way was I driving over 600 miles just to resolve something as minor as that.

Replies:   Dominions Son
Dominions Son ๐Ÿšซ

@Mushroom

Suppose that you are dealing with two small towns that are both corrupt and working together...

blackjack2145309 ๐Ÿšซ

@blackjack2145309

Well i'm sorry for not clarifying the Town A and Town B in this hypothetical are adjoining counties.

My thinking was that i should have the judge in Town B be a little crooked and have him be the driving force in sending the MC back to Town A..

akarge ๐Ÿšซ

@blackjack2145309

This thread reminds me of the James Garner movie, TANK. Well, except for the werewolves.

blackjack2145309 ๐Ÿšซ

@blackjack2145309

Yea i can see that, my goal here is to write a supernatural adventure that b*tchslaps the hell out of various werewolf story tropes.

I just haven't figured out a great ending for it yet.

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