Will Virginia extradite you for failure to appear on child support?

Answer 1

NOTE: You should consult an attorney to discuss the facts of your particular case.

Virginia can and will request extradition for probation violations but the decision can be both fact and jurisdiction-specific. Each Commonwealth's Attorney's Office weighs the costs and benefits of pursuing extradition based on the underlying case. To understand what goes into that decision generally, see the Virginia Extradition Manual, available at: http://www.commonwealth.virginia.gov/judicialsystem/extraditions/extraditionManual.pdf

While the Commonwealth does bear the up-front costs of extradition, if found guilty, Virginia Code Section 19.2-112 states that the defendant is assessed the extradition costs and expenses.

If a Capias (warrant) has been issued alleging a probation violation, if you are stopped for something as minimal as a speeding ticket in another state, you may be arrested and the extradition process would begin. In Virginia, a capias issued for probation violation(s) is valid for 7 years. In the long run, it may be worth it to get back and face the charge before you get dragged back in handcuffs and run the risk of footing the bill.

[previous answer below]

For misdemeanor violations, most states I do believe VA will not bother with it. It cost them upwardly of $5000.00 to do that and they just don't care. Just stay out of VA and any place near here. Check with an attorney to make sure.

Answer 2

No. My estranged husband owes his ex near or over $100,000 through VA court systems. I called child support and told them where he lives and works in Ohio. They don't care. He has a warrant for contempt of court for failure to appear on the issue. He just stays in Ohio or Pennsylvania, because he knows VA won't come get him. It's disturbing

Answer 3

It can depend on what offense your sentence of probation was for AND what the violation consisted of. All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - It is impossible to know with certainty whether a particular state will choose to extradite you for a particular offense, or not, there are simply too many variables. It may depend, in part, on the offense and the seriousness of it, and/or how badly they want you returned - most states WILL extradite for felony offenses and crimes of violence.

Answer 4

It is possible. However, unless you have committed a new crime it may be unlikely. Probation is a sentence handed down by a court for being found guilty of a crime. As many people confuse probation and parole, please be certain of the situation. Parole violations, on the other hand, are not in themselves criminal acts. Parole stipulations are Administrative Orders and do not carry the onus of law.

The probation being a court order, AND your actual sentence, if violated would result in a bench warrant at minimum being issued for your arrest. In the event you are picked up for a traffic violation, it would be off to jail for you. In the event you are out of state when this occurs, the arresting jurisdiction would contact your probation jurisdiction and your PO or the sentencing judge would have the discretion to have you extradited or not.

Answer 5

Yes.