Arrested in New Home State for Warrant from Old Home State

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“My husband and I have recently tried to make a new life in Missouri. We had moved from our hometown in Illinois. My husband has a bad reputation in Illinois and we wanted to make a new start mainly because Montgomery County, IL has it in for him, I believe. They have it in for all of my husband’s family. He is a repeated offender of Domestic Violence in which he served 6 months in prison in 2004 and again in 2005. He since has obtained another charge of domestic violence against my nephew in which he shoved him, so my sister pressed charges of domestic violence against my husband. My husband was supposed to appear in court in March and failed to do so.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

We moved to Missouri so now they call it a fugitive warrant. He was picked up here in Missouri last Wednesday and is now incarcerated in the local county jail on hold for the warrant in Illinois. He finally went to court here in Missouri on Monday the 22nd. He refused to sign extradition papers and now is I guess waiting to see if Illinois will be obtaining a governor’s warrant and they have 90 days to do that. Do you have any advice on any options we may have at this point or are we just fighting a losing battle?”

Leaving the state while there is a warrant for your arrest is never a good idea. Your husband needs to get an attorney in Missouri, and an attorney in Illinois. And anger management counselling.

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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