Asked 8/4/2016 – Garland, TX

My fiancée was arrested for a warrant they put out after he was pulled over for driving on a suspended and for his probation violation. His original sentence was in CA for a DUI. We were able to get his probation transferred to TX. So all fines are paid all classes have been taken but they revoked his probation in TX and are talking about extradition him back to CA. We have 3 small children; he’s the only income to our family. Can you help or do I need to contact a lawyer in CA? We either want no extradition to CA or minimal time since he’s done everything he’s supposed to other than failing a ua on probation when his probation officer set him up to fail one. He wasn’t supposed to consume alcohol but it isn’t like that in CA so she gave him one violation, then she did it again and he got another one. He’s sober now needless to say.

Answer

Even though your fiancée’s community supervision was transferred to Texas, jurisdiction of his case remains in California. You have the right to contest the extradition. and if you choose to do so, you would have to retain an attorney in Texas. His probation revocation will be heard by the court in California. Violation of any of the terms of probation is sufficient to cause a motion to revoke to be filed, so I suggest you contact the attorney in California who represented him on the original plea.