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Old 11-08-2017, 02:22 PM
Daves_wife2b Daves_wife2b is offline
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Exclamation Misdemeanor warrant in another state

I had posted earlier about my fiance being paroled from Fayette. We are just waiting on his drug test and then release date. He has had a court case in Delaware for giving a false name. He has written to the court before every hearing, requesting a continuance. It has been granted every time. However, today, he just got a failure to appear warrant even after writing to the court. His counselor even called the court yesterday to confirm that he was in fact incarcerated and would be released soon.

So know I don't know what will happen and I'm stressed! I'm sure it's a non-holding warrant because the charge is almost always just a fine. But my question is, will this put a hold on his release? The charge happened before he turned himself in on the violation of probation which he is serving time now for. There's no way Delaware is going to pay the money to extradite him. Is there anything I can do?? I don't even know where to start. I've called the Delaware courts before every hearing, but they always just need the letter from him before they can do anything.
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Old 11-12-2017, 08:29 AM
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bobble60 bobble60 is offline
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The DOC has the option of treating the warrant as a detainer or not. If they view it as a detainer then they will hold him until Delaware either picks him up or lifts it. The matter is further complicated by the fact that he will be on parole putting the parole agent into the decision-making process.

I recommend you contact the lawyer appointed to the Delaware case and let him/her approach the court. Only a judge can lift a warrant and lifting the warrant is the best step to getting him released on parole.
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