Drug Crimes, Substance Abuse A fugitive from justice

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Teresa

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Hello my name is xxxx & I would like to say first thank you for taking the time reading my plea for help & any input will be Greatly Appreciated. This may seem a little wordy but it's the only way I can fully explain what's happening. I have a big issue I am hoping that someone can help me with.
This concerns my brother. He currently lives in Oregon & he has a license to grow marijuana for his patients & he is allowed to carry 1.5 lbs with him. He grows once a year. At the beginning of 2012 my brother was taking some medicine to a patient but they were not home so he put it back in his vehicle. On his way home he got a call & his friend needed his help in Arizona. So he just continued from Oregon to Arizona to his friends house, on his way he was pulled over & they searched his vehicle & they seen the marijuana that he was taking to his patient. So they arrested him.
They confiscated the marijuana and his money he had in the lock box & arrested him. He was in jail from Friday evening to before 7am Monday morning. They dropped all charges & released him with no paperwork at all no bail & he never seen a judge. They did not give him his money back or his patient's medicine. They gave him his car back & he went to his friend's house that was a few miles away. When he was done helping his friend he returned home to southern Oregon. Then at the end of November 2012 he came up to visit me in try cities Washington & was pulled over a couple of days later, they arrested him because there a warrant from Arizona & he was going to extradite him & that's all they would tell him. So I did a lot of calling & calling & more calling and got the same answer. I called the police station that arrested him here & they told me that there was a active warrant from Arizona. I asked what the warrant was for & they said it was for failure to appear on a marijuana charge. I then called the Arizona police & asked them if there was a warrant for my brother in there system & they said no they don't see anything. So I called all of the courts, sheriffs office & so on & every legal office or court system I called told me (there was no person in there courts system with his name & he has no warrants, but it does show a case out of Parker justice court but every charge shows NO COMPLAINT FILED. The superior court said that if he was being extradited it would have to go through the extradition office. So I called them & asked for a supervisor & she told me there was a warrant for failure to appear on a marijuana charge & he was being extradited I asked her how can he have a failure to appear charge when there was never a charge filed & there was no court case to fail to appear on. She said that the warrant was issued from LAPAZ county Sheriff & I would have to call back on Monday and talk to there warrants department. So again I started calling early Monday morning trying to get any information I could because it is just not adding up. The extradition warrants department said that he has a warrant & gave me a case # but couldn't see any other information about the warrant because it was locked or closed. She said I needed to call LAPAZ county Sheriff because that's where the warrant was issued from & that's where she gets her orders from. I immediately called the LAPAZ county Sheriff she told me again the same thing I had been told from everyone else (they have no person in there system with that name but there is a case out of Parker justice court but no complaints were filed & no warrants). It has been over a week my brother has been in jail just sitting there waiting for them to pick him up & extradite them back to Arizona, & we still do not know why because no one can read the case to even look into it. He sent me the papers that he was given from the Benton county police about this case but they are even more confusing.
I have never run into this or even herd of this kinda thing before could anyone please help me in the right direction I should do next.
Here is the info on record from his arrest in Arizona
Public Access to Court Information Case Search
Case Information
Case Number: CR-xxxxxx
Title: ST OF AZ VS xxxx Category:Criminal
Court: xxxxx Justice
Filing Date: 1/10/xxxx
Judge: xxxxx xxxx Disposition Date: 1/10/xxxx
Exxx Sxxxx Lxxx DEFENDANT- D 1 Date of Birth: 08/xxxx
Citation Count Description Disp. Date Disposition
NONE 1 NARCOTIC DRUG-POSSESS/USE 1/10/2012 NO COMPLAINT FILED
NONE 2 DANGEROUS DRUG-POSS/USE 1/10/2012 NO COMPLAINT FILED
NONE 3 MARIJUANA-POSSESS/USE 1/10/2012 NO COMPLAINT FILED
NONE 4 DRUG PARAPHERNALIA-POSSESS/USE 1/10/2012 NO COMPLAINT FILED
NONE 5 NARC DRUG-TRANSP AND/OR SELL 1/10/2012 NO COMPLAINT FILED
NONE 6 NARCOTIC DRUG-POSSESS FOR SALE 1/10/2012 NO COMPLAINT FILED
 
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here is what the papers said about the charge if anyone could decipher these that would help to.
1st paper It is a warrant of arrest/ Detention
To any peace officer in the state of Washington Whereas, the court has reviewed the complaint and oath, the court finds that E--- S--- L--- has an active warrant out of xxxx county, Arizona for having fled from justice, to wit: has been charged or convicted of a crime in another state and has either: (1) escaped from confinement, or (2) has broken the terms of his/her bail, probation or parole as defined by the uniform criminal extradition act, RCW 10.88.320
Now, therefore, in the name of the state of Washington,

This is what the second paper says


Affidavit/complaint for
Extradition/Detention

The Prosecuting Attorney moves for authority to arrest and/or detain the above defendant based on the following affidavit.

1. Affiant is a Deputy Prosecuting Attorney for this county and makes this affidavit in that capacity.
2. Affiant believes that the defendant has committed a crime in another state and that the accused has been charged in such state with the commission of the crime and has fled from justice or has been convicted of a crime in another state and has escaped from confinement or has broken the terms of his/her bail, probation or parole. This information is based on the attached statement by Officer xxxx of xxxx police department who has seen reports from Arizona indicating that this fugitive is wanted based on a possession of marijuana charge. The fugitive was discovered in Benton county, Washington, on or about during the time intervening between the xxx day of November, xxxx, and the xxx day of November, xxxx.
And document is signed and stamped on the xx/xx/xxxx
 
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Okay, I redacted some of your information to protect your identity and your relative's identity.

That said, the facts you present are baffling.

I suggest you advise your brother not to speak about any of this, except with his lawyer.

You should also not speak of this, and do not speak to him over the jail telephone about anything except his health, his emotional state, and his attitude.

Advise him to ask for a lawyer, or you can hire one for him.

Speak with a bail bondsman in the county where he is confined.

A bonding company can tel you more facts.

They can also see if he has a way to bond out of jail.

Once a lawyer has been hired, or appointed by the court, he'll have to wait.

If you can secure bond, you can try and bond him out of jail.

Otherwise, we don't know any more than you do.

Please, stop discussing this, because you never know who might see what.

Words get twisted and actions do, too.

Bottom line, marijuana isn't legal in many places.

And, in the states that have somehow claimed to legalize it, it isn't tobacco.

That said, it isn't wise to transport LARGE quantities of the substance even in states that call it legal.

Those states have laws, and limits.

This is your state's law about weed.

http://www.leg.state.or.us/ors/475.html

Notice: 475.320 Limits on amounts possessed.

At this point, that excuse he gave about transporting that stuff across state lines is a big problem.

That is why he needs a lawyer, and not a website.
 
thank you for your quick response I thank you to for the identity protection. I have looked into trying to get him bailed & they said that he can not be bailed out. and he was told he couldn't ask for a lawyer that he had to get one when he goes back to Arizona. Do you know how long they can keep him in jail just waiting to be extradited back to Arizona? and is there any paperwork that this jail is suppose to have given him. all we keep hearing is the case the warrant was issued on is a locked or blocked case. I have asked for some information from Arizona but now they won't even talk to me. My brother said it might be they want fingerprints & a picture that they already took in Arizona & up here but no one will tell us. If that is the case can't they gust ask this police station to send it to them just in case they lost there copy. he said he was told they could hold him up to 6months waiting to be extradited
 
If he wants a court appointed attorney he will have to wait until he appears in AZ court. He can have a private attorney working to free him now.
 
Teresa said:
thank you for your quick response I thank you to for the identity protection. I have looked into trying to get him bailed & they said that he can not be bailed out. and he was told he couldn't ask for a lawyer that he had to get one when he goes back to Arizona. Do you know how long they can keep him in jail just waiting to be extradited back to Arizona? and is there any paperwork that this jail is suppose to have given him. all we keep hearing is the case the warrant was issued on is a locked or blocked case. I have asked for some information from Arizona but now they won't even talk to me. My brother said it might be they want fingerprints & a picture that they already took in Arizona & up here but no one will tell us. If that is the case can't they gust ask this police station to send it to them just in case they lost there copy. he said he was told they could hold him up to 6months waiting to be extradited
Click to expand...

If he's fighting extradition from state A to state B, he is normally entitled to legal representation for the extradition hearing.

State B can't have you magically arrested and transported from State A without a hearing on the extradition, UNLESS he has waived such a hearing.

However, this sounds like a federal sting operation.

Those are very claok and dagger, and information is hard to obtain.

Its odd that a state would suppress such information, unless this is an ongoing investigation and indictments are under seal.

That is normally done when the targets are alleged to have engaged in criminal conspiracies to peddle drugs, or other assortment of crimes, too.

I suspect your brother had been under surveillance for sometime.

Run silent, go covert, and wait.
 
thank you for your information I will see if i can find anymore info. But what I have looked up and what I have found out by calling the courts is that they had him sign a wavier of extradition I asked him and he said yes then I explained to him what that meant that he also waived the hearing on the extradition, he said that is not what they explained to him it was for or he wouldn't of signed it. can he still ask for legal help?
and the only paper that they gave him was the state of Washington v my brother xxxxxxxxxxx warrant of arrest/detention that was signed the day after he was arrested he has not gotten anything from Arizona and he was never charged or convicted of a crime nor did he flea from justice the case shows no complaint filed on the whole case. So I still don't understand if there is no pending court case how can he be considered a fugitive from justice and there be a warrant. and it also states (This information is based on the attached statement by Officer xxxx of xxxx police department who has seen reports from Arizona indicating that this fugitive is wanted based on a possession of marijuana) but they did not give this information to him.
I do greatly appreciate all your help. I have done hours and hours of research but this one has me bewildered and is confusing

Thank you again Teresa
 
Your research will not help him. He has already hurt himself by not having an attorney. Chances are he did not read the papers he signed, and he should not have signed if he didnt understand. If you really want to help him hire an attorney for him. That attorney probably won't be able to share much information with you though.
 
Teresa said:
OK thank you do I have to hire one grom here or from Arizona?
Click to expand...

At this point, I suspect you need one in the county in Arizona where he will be taken and could one day be tried.

You also need to stop discussing ANYTHING about his case.

The authorities are recording everything you say.

That usually hurts you.

You also should not write to him about any of this.

They monitor all written inmate communications.

And, if you are implicated in ANY of this (I am NOT accusing, just trying to school you), be alert.

These "fishermen" cast VERY wide nets!

No FISH is too small for them to KEEP.
 
WOW just wanted to let you know that my brother was just now released from jail up here in Washington. They didn't give him any reason why he was being released, he asked if he still had a warrant out for him and all they told him is that there is no warrant that Arizona dropped the warrant and he was free to go no paperwork or anything.
there is a new listing on his court records here in Washington shows he was arrested on 11/28/2012 everything from the 29th was not added until 12/10/2012

11-28-2012 COMPLAINT Complaint For Extradition-detention
11-28-2012 REQUEST ACTION Request For Hearing
Non-charge
11-28-2012PL ACTION Extradition
11-28-2012 MOTION HEARING Motion Hearing
Deft Waives Extradition
11-29-2012 WARRANT OF ARREST Warrant Of Arrest/detention
11-29-2012 EX-PARTE ACTION WITH ORDER
11-30-2012 SHERIFF'S RETURN WARRANT OF ARREST Sheriff's Return Wa - 11/29/12

Is there anything he needs to ask for or get from the police station here? & the case numbers I was given still do not show up on any case search so we can not find out for sure if the warrant is really gone or not.
How can he find out if the warrant is truly dropped.and can he ask for a copy of the warrant from Arizona?
 
I would like to thank all of you again that has helped me out with this information and your knowledge. I very much GREATLY APPRECIATED all the help. Hope you all have happy holidays and a very happy new year.
THANK YOU ALL
sincerely Teresa
 
Tell him to see a lawyer when he returns home.
If he's smart, he'll stop growing weed.
It might only be a trick to see what des, where he goes, and what he says.
This might not be a good time to use the phone or Internet, if you see where I'm headed.
They may have bugged his home and his car.
Some might say I'm being paranoid.
I call it CAREFUL & CAUTIOUS.

That arrest might have been flawed.

When that happens, that's why people see lawyers.

A good lawyer might find him some way to be paid!!!


Sent from my iPad3 using Tapatalk HD
 
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thanks you he is suppose to talk to a lawyer today that's in Arizona, but does it matter if he gets a lawyer in Oregon where he lives or from Arizona?
 
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