August 17, 2016

Asked 8/11/2016 – Midland, TX

I have a class B misdemeanor charge of thief before the court date I had an emergency in Montana it was a weekend. Long story short I’m in another state over 1200 miles away. Would they extradite is the question

Answer

The State has the right to request extradition on any valid warrant, but there is a practical side to the decision to extradite. I can’t promise it would NEVER happen (maybe if Texas found 30 fugitives in Montana all at the same time and could get a bus to get everybody all at once), but I doubt one class b misdemeanor would raise too many alarms. You may be subject to arrest, however, while in Montana and detained upon confirmation of the warrant, then released if Texas did not pick you up.. This could happen multiple times until the warrant was cleared in Texas.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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