Possession W/Intent in Mississippi

[needshelp2004]

Folks, people do not get extradited on municipal ordinance violations. You're wasting your time trying to call city hall.

I was told the court chancery clerk has ALL records from the court. If this is incorrect then where do I get the information as to status of the charging document? Where do I look or call to find out the case # and get the paperwork showing the case was dismissed?

I have tried to contact his public defender but he doesn't answer any of my calls and basically he has done nothing to help prove what we have told him. Where do you suggest we get the info???

Also, since I am getting no help from the Public Defender I had my son go to the law library in the jail and get the form for requesting the abstact warrant like I was told I need. Why is it so hard for us to get ahold of this document? I thought he was supposed to have been given one already.

 

[Florid-aise]

needshelp2004,

When I lean back in my chair and imagine this story coming to its intended conclusion, I can imagine the extradition occurring; a hearing held in MS; and the MS prosecutor trying to explain to the court that the State of MS is prosecuting your SIL for something, and if the court would give the State a bit more time, then the State would be able to discover what the State is prosecuting the SIL for. The State will need to know something about the charge being brought against someone when trying to prosecute that someone. Either that, or appear the complete fool. Ooops, they might say? Time will tell one way or the other.

I am thinking two other things. That the 10th is right around the corner, and a chance to get in the presence of a court. The first court that you come to seems to be the best option to scream foul as loud as permitted. So really give the CA public defender the business between now and the 10th.

The second thing I'm thinking is your information from the MS DA, is that it is "being investigated". Caused me to pause for a moment. If this "investigation" is in reference to the "mistake", then that investigation is in your favor. But if this "investigation" is in relation to the charge that the State of MS is contemplating prosecuting your SIL for, then you will run into nothing other than a brick wall. The State will not disclose to you any information of the investigation regarding a prosecution attempt. In other words, your definition of "investigation" may be different than the State's definition right now.

Given that you are running into so many unaccessable humans in the MS court system, it might be drawing closer to the time where you may have to make the trek to MS in person, to conduct your "investigation" in that face-to-face encounter at the counter; should the hearing in CA on the 10th go South.

 

[needshelp2004]

Florid-aise,
Hey You, thank you for the play by play action from that chair of yours ... They claim they are extraditing on the possession of marijuana with intent to sell charge that we believe has been dismissed.
They have come and picked up inmates to be extradited to Utah, Missouri, and Ohio but did not take my SIL. Why wouldn't they have taken him if they were going that way??? It doesn't make sense to go there, come back, and go back again when they could have all been taken together. I was told if they don't take him tomorrow he will more than likely make Mondays court appearanceas they don't transport on the weekends.
If we make it to court you said my best option is to scream foul. To who and exactly how loud ... I have been trying for over a week to give the public defender the business and have left messages on his cell phone, his office phone and with the receptionist and so far have had no answer. My SIL has been calling and leaving messages from the jail several times a day also and has had no luck. So much for "defending".
Do you really think I might have to make the trek south??? I have never been anywhere in my life but Hawaii and Cali and would stick out in MS like a sore thumb. I don't think the whole tank top, shorts, sunglasses and slippers thing will go over to well there. I have no patience when it comes to ignorance, am very sarcastic and very vocal. I'm afraid my big mouth in that face to face over the counter encounter might end with me on the wrong side of the jail cell. Who would be there to bail me out??? Trust me MS does not want me in their domain and I don't want to have to go to that neck of the woods.
You might find this a bit interesting ... I was talking to a police officer and told him the situation and that they want to extradite him to MS for marijuana possession with intent to sell and he said "are you kidding , we wouldn't even extradite him for that from the next city". Is Cali just too laid back or do they just have better things to do with taxpayers dollars??? What do you think???
P.S. Thank you for all your help, you have been wonderful.

 

[nanaII]

Question..

What does anyone think of her chances of going to a judge to explain the situation. Maybe the judge might light a fire under someone's butt. Would
it be worth a try? Either that, or contact the District Attorney again. As far as others who have been extradited, were they extradited by Mississippi? They are the one's who would have to come get and get him.

 

[needshelp2004]

What does anyone think of her chances of going to a judge to explain the situation. Maybe the judge might light a fire under someone's butt. Would
it be worth a try? Either that, or contact the District Attorney again. As far as others who have been extradited, were they extradited by Mississippi? They are the one's who would have to come get and get him.

I think maybe that would be something to look into. How would I get to speak to a judge??? Somebody needs to light a fire under someone's butt!!!
He is being held on a floor with others who are being held as fugitives wanted in other cities in Cali or in other states. When the transport van comes they take the prisoners where the states have come for them but they take them according to where they are heading to also, north, south, etc. Over the weekend my SIL told me some inmates supposedly overheard some guards talking about how 23 inmates were to be moved during the next week, rumors went around the floor and true to what was overheard 23 inmates have been transported in the past 4 days. The inmates being transported south were all taken together. Missouri, Ohio, Utah all went the same transport. They DID NOT take my SIL, makes me wonder why???

 

[seniorjudge]

Have the prisoner do this:

Write a letter.

At the very tippy top of the letter, write

WRIT OF HABEAS CORPUS

The first sentence should read, "I am being imprisoned with no charges filed against me."

Then, have the prisoner write a brief list of the facts in chronological order.

Have the prisoner send the letter certified mail return receipt requested to a trial court judge of a court of general jurisdiction in the county where the prisoner is imprisoned.

Will this work?

I have no idea. If I knew the answer to that, I would be rich and famous and sitting on a warm beach smoking a cigar and drinking an adult beverage.

 

[Florid-aise]

Thank you SeniorJudge. You have said what needed to be so clearly said.

Whew ! Finally.

needshelp2004, do not expect to be able to speak directly to the judge should you be in attendence on the 10th. You may be able to request that you be sworn in under oath and testify expositorily, or have the PD ask you questions, but that is a long shot if ever there was one.

SJ has given the best advice that there is, if you only knew?

 

[CdwJava]

They have come and picked up inmates to be extradited to Utah, Missouri, and Ohio but did not take my SIL. Why wouldn't they have taken him if they were going that way???

Most transports are done by cotnract with private operators. There is too little traffic back and forth to pay for a bus, officers, etc. form a jurisdiction to go across country for one person on a regular basis. So, like a bus or airline, if one state DOES have reason to go across country, they make arrangements with locations along the route to pick up prisoners. And it could just mean that there are no transfer orders yet for your SIL, or, that the others were not going to MS.

And, of course, many of these operations are private contractors and NOT state agencies.

If we make it to court you said my best option is to scream foul. To who and exactly how loud ... I have been trying for over a week to give the public defender the business and have left messages on his cell phone, his office phone and with the receptionist and so far have had no answer. My SIL has been calling and leaving messages from the jail several times a day also and has had no luck. So much for "defending".

The PD's office in San Diego is very busy, unfortunately. And if he is eligible for a PD, then maybe they can file a Writ of Habeas Corpus as Seniorjudge suggested.

You might find this a bit interesting ... I was talking to a police officer and told him the situation and that they want to extradite him to MS for marijuana possession with intent to sell and he said "are you kidding , we wouldn't even extradite him for that from the next city". Is Cali just too laid back or do they just have better things to do with taxpayers dollars??? What do you think???

Yes, we would. Unless you were talking to a cop in Mendocino County where the DA hasn't met a drug he didn't like, the rest of us would extradite from at least within the state or neighboring ones for possession with intent to sell. Marijuana possession is a nothing crime here (and the ONLY offense purged after two years by statute), but sales and cultivation are both felonies.


- Carl

 

[Florid-aise]

Carl, what are the CA extradition hold rules? How long can a prisoner be held in CA, by rule?

 

[CdwJava]

Carl, what are the CA extradition hold rules? How long can a prisoner be held in CA, by rule?

I honestly don't know the answer to that one. And I think it CAN vary. If a defendant is not fighting the extradition it might be quicker because there would be no pause for hearings. I have HEARD that they can be held for as long as 30 days ... and 15 days stands out in my mind as well. But, I have no idea what the real and true answer is.

- Carl

 

[Florid-aise]

I honestly don't know the answer to that one. And I think it CAN vary. If a defendant is not fighting the extradition it might be quicker because there would be no pause for hearings. I have HEARD that they can be held for as long as 30 days ... and 15 days stands out in my mind as well. But, I have no idea what the real and true answer is.

- Carl

In a wierd way, early on, I was thinking that "pushing for extradition" might be the quicker solution.

Still the big fan of that Habeas though.

Thanks Carl.

 

[needshelp2004]

Thank you SeniorJudge. You have said what needed to be so clearly said.

Whew ! Finally.

needshelp2004, do not expect to be able to speak directly to the judge should you be in attendence on the 10th. You may be able to request that you be sworn in under oath and testify expositorily, or have the PD ask you questions, but that is a long shot if ever there was one.

SJ has given the best advice that there is, if you only knew?

Gee, such encouragement from you ...
What happened to my armchair quarterback???
I'll have to try for the longshot. Thanx

 

[needshelp2004]

Have the prisoner do this:

Write a letter.

At the very tippy top of the letter, write

WRIT OF HABEAS CORPUS

The first sentence should read, "I am being imprisoned with no charges filed against me."

Then, have the prisoner write a brief list of the facts in chronological order.

Have the prisoner send the letter certified mail return receipt requested to a trial court judge of a court of general jurisdiction in the county where the prisoner is imprisoned.

Will this work?

I have no idea. If I knew the answer to that, I would be rich and famous and sitting on a warm beach smoking a cigar and drinking an adult beverage.

Thank You Sooooo much. I will relay the message to my SIL ASAP.

Maybe you missed your calling and should be rich and famous on that beach drinking adult beverages ...

 

[seniorjudge]

"...Maybe you missed your calling and should be rich and famous on that beach drinking adult beverages ...."

And, with my luck, as soon as I plopped my scrawny butt down in the beach chair, there would be a tsunami!

 

[needshelp2004]

Most transports are done by cotnract with private operators. There is too little traffic back and forth to pay for a bus, officers, etc. form a jurisdiction to go across country for one person on a regular basis. So, like a bus or airline, if one state DOES have reason to go across country, they make arrangements with locations along the route to pick up prisoners. And it could just mean that there are no transfer orders yet for your SIL, or, that the others were not going to MS.

And, of course, many of these operations are private contractors and NOT state agencies.



The PD's office in San Diego is very busy, unfortunately. And if he is eligible for a PD, then maybe they can file a Writ of Habeas Corpus as Seniorjudge suggested.



Yes, we would. Unless you were talking to a cop in Mendocino County where the DA hasn't met a drug he didn't like, the rest of us would extradite from at least within the state or neighboring ones for possession with intent to sell. Marijuana possession is a nothing crime here (and the ONLY offense purged after two years by statute), but sales and cultivation are both felonies.


- Carl

Wow, really??? I am from Hawaii and and over there they had what was known as "Green Harvest" where a special team of Officers located places of cultivation in feilds and backyards and then they just came in a Van and w/o so much as knocking on the door entered the yard, dug or tore the plants out of the ground, put them into plastic bags, and left w/o so much as giving out a ticket. That was a little over 10 years ago, I don't know what they do now. Weird how each state does things differently. Thank God I don't indulge in ANY of those extracurricular activities, I'm just high on life ...