Artie Ar Ar posted:
Back when I lived in the shithole that was New Jersey, I accumulated a bunch of bullshit charges, and either skipped court or never paid the fines. $500 unpaid fine for resisting arrest, $1800 criminal mischief/trespassing case that I skipped, another resisting arrest case that I skipped, and another small criminal mischief case. I'm not going to get into the details, but basically, out of principal I will never pay these corrupt faggots.
Warrants are entered into 2-3 databases. A local database (if there is one), a statewide database, and a national database (NCIC). Every warrant entered has a pickup radius (1-5) attached to it, and to be entered into NCIC, the pickup radius has to be either 1 or 2.
5 - Local pickup only
4 - Adjacent county pickup
3 - Statewide pickup
2 - Adjacent state
1 - Nationwide
Depending on how the warrants are entered depends on where you can go. I highly, highly doubt that anything short of a high-grade felony is going to get entered as nationwide, so you should be fine in Colorado. If you move to PA, you may have issues if they're willing to go across state lines to get you.
That said, you have other issues to worry about. Criminal background checks and credit checks are going to turn up you history, and outstanding warrants and unpaid fines are going to disqualify you for things that, if you got them taken care of, wouldn't be a problem. Also, a background check against you has a good chance of notifying the court system of where you are, and then they can take action against you to recover the unpaid fines. NJ may put a hold on your driver's license, and state DMV reciprocity agreements mean that you would be unable to get a license in another state or that your current license may get suspended. Court judgements are enforceable across states lines, and there's a possibility that your wages could be garnished. They also don't go away. Misdemeanor warrants will expire after a certain period of time, but I don't know what that time limit is for NJ.
Flying abroad may or may not be a problem, depending on where your warrants have been reported to and how far customs feels like digging. I don't know the rules for having a passport issued, but if you don't already have one you may not be able to get one.
Simple answer is whether you were right or wrong (and I don't really care one way or the other), it's in your best interest to at least get the outstanding fines taken care of.
Bullshit, plenty of places don't extradite on anything less than murder/surprise sex.
You have that backwards. If requested to do so by the issuing agency, any state in the country will happily arrest you and hold you for pickup by the issuing agency. But, most places won't deal with the expense to come and get you for anything less than a major felony unless you're living right across the border. Extradition hearings between states are little more than a jurisdictional formality.
|# ¿ Jun 25, 2010 13:22|
|# ¿ Mar 10, 2014 19:13|
This guy pretty much summed it up. Seems like you know your poo poo. I do, however, have a question for you related to this. If he's living in Colorado now and has a Colorado driver's license, NJ DMV can do whatever they want, but how would that affect him? It's really up to Colorado DMV, but can they really suspend his license for a warrant in another state just because NJ DMV pulls some poo poo? Especially with the fact that they really weren't traffic violations/DUI/did not involve a vehicle.
State DMV have reciprocity agreements, so if you do something in State X that would get your license suspended, State Y will honor that. For example, I live in Ohio. If I go to California on vacation and get a DUI, Ohio will suspend my license for that. Even better example would be that here in Ohio, the DMV will suspend your license for some drug offenses. So if you get busted for smoking pot in Ohio, the Ohio DMV will suspend your driver's license and report that information to your home state DMV, which will suspend your license there for the duration of the suspension in Ohio.
Him having his license suspended in CO would rely entirely on NJ to both have a law on the books to suspend his license for having outstanding court fees (a possibility) and for NJ to know that he currently holds a CO license so they can send the CO DMV a notice of suspension.
|# ¿ Jun 25, 2010 23:14|
Actually, in California, misdemeanor warrants can have kind of a "statute of limitations" (Serna v. Superior Court of Los Angeles County (Serna) (1985) 40 Cal.3d 239). After 1 year since filing a compliant, the burden is on the State to prove that the failure to bring the defendant to trial wasn't their fault. This can even apply when defendant has signed a promise to appear. (Ogle v. Superior Court (1992) 4 Cal. App. 4th 1007). I suspect other states have other levels of protection.
We have to periodically audit our warrant files per NCIC, LEADS and RCIC rules to verify that we still physically have the warrant on file, and any misdemeanors that we can't find the paperwork for, or that is older than 24 months, is expunged from the database. I don't know about felonies, as we've never actually lost the paperwork for a felony warrant.
|# ¿ Jun 26, 2010 22:46|
Let me just say this, if you get pulled over and a cop see's that you have a warrant for resisting arrest they are going to do whatever they can to make it hell for you. Cops back each other up no matter what and when they see you hosed with another cop your'e done. Ten years or ten days.
Ditto on what the guy above me said (I don't give a gently caress), but at the same time, here in Ohio, I'm most likely never even going to see that you have a warrant from another state unless it's from Kentucky or Indiana, who can have their warrants entered into our local database (RCIC). If it's going into NCIC for nationwide dissemination, it's for something serious, and while I would like to say that I get a murderer with a nationwide pickup warrant once a week and it makes my shift LT's life hell because of the paperwork involved that he gets to do on it as my OIC, it doesn't happen. In 7 years, I've never encountered an out-of-state warrant that wasn't for an adjacent jurisdiction, and about 25% of the people I deal with are from out-of-state.
At the same time, using the OP as an example, say that NJ entered the warrant into NCIC with a Pickup Radius of 2 (adjacent state only). That warrant is only valid for service in states adjacent to NJ. So it's not a valid warrant in Ohio, to which I say "You might want to get this poo poo taken care of before you to go states X, Y and Z," and send you on your merry way.
|# ¿ Jun 28, 2010 04:58|
I certainly learned something new today. Thank you. Can you give some examples of what charges would fall under each level?
Its going to depend completely on the agency issuing the warrant. Some agencies, as said earlier, will go nationwide to pick you up for misdemeanor bullshit. It also depends on geographic location. For example, my agency is more likely to enter something into NCIC with a pickup radius of 2 than say, Columbus PD is, because our county borders Kentucky and Indiana. That said, if you put in a pickup radius and then refuse to go get someone on that warrant because it's too far (say someplace out in East PA calls about a warrant. They're technically a pickup of 2 from us, but we're not going to drive 600 miles to Philly to pick up someone on a misdemeanor), you can have your warrant purged from NCIC.
As a very rough rule, your absolute nationwide are going to be your murders, rapes, kidnappings, felony assaults, arsons, agg burgs, etc. Probably Felony 1, 2 and 3, maybe 4. Pickup of 2 is going to be all felonies, and probably a couple Misdemeanors 1's if the agency is on a state border. Most central-state agencies aren't going to deal with going cross-border and dealing with extradition for non-felonies. Pickup of 3 is going to be mid-to-high misdemeanors like Theft under $500, Simple Assault, Agg Menacing, etc. Pickup of 4 is going to be pretty much everything that can carry a jail term. Pickup of 5 is going to be for traffic tickets, minor misdemeanors ($100 fines for DC and weed possession).
Like I said, it can get weird. Most issuing agencies are just going to have the arresting agency re-cite you to court, rather than having them hold you and come get you. I have seen agencies require a physical arrest for traffic warrants, and they'll drive 30-40 miles to come get you and will haul you downtown unless you can pay the outstanding fine then and there.
Is the 24 month restriction a time limit that you use locally in your audits, or is that deadline put in place by NCIC? What I am asking is if the 24 month rule is nationwide or varies from state to state.
The 24-month rule is in place by our local version of NCIC (RCIC, R for regional), and also I believe by LEADS (Ohio's NCIC). It's basically a statute of limitations on misdemeanor charges, but I believe that extensions can be made in specific cases. I'm RCIC, LEADS, NCIC, BCI and III certified, but for the most part I deal almost exclusively with stuff in RCIC and LEADS. The only thing that I've ever entered into NCIC are stolen guns and stolen cars.
|# ¿ Jun 29, 2010 04:32|