Tuesday, 25 March 2014

I was on felony probation in texas and went on the run to colorado,where i caught another felony case. Colorado would not let me be arrained...

Question

I was on felony probation in texas and went on the run to colorado,where i caught another felony case. Colorado would not let me be arrained before I was extradited back to Texas. In texas, i decided to take my state jail time and did 17 months,released free and clear. Colorado did not want to pay to extradite me back to face their charge, so i went at my own expense. I am waiting now to be sentenced. Can the judge run the charge in colorado concurrent with the prison time I just served in texas? The guilty plea that I entered in Co, said that their charge can have aggrevating circumstances, which can double my sentence time.



Answer

If there was a detainer placed against you while you were in custody in Texas, then at least under Texas law you would be entitled to credit for that time on both sentences. (Colorado law may be different so you might want to try using Colorado as your address so the question goes out to lawyers in that state.)

My guess is that since they did not want to extradict you, then they probably did not have a detainer against you.

Contact the jail in the Texas County in which you were prosecuted as well as the state jail in which you served the time to see if there was a detainer.

Also, your Colorado lawyer will know the answer to this question.



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