QUESTION
What can someone do about an interstate parole violation and how long can they be held?
Asked on Jun 28th, 2011 on Criminal Law - New York
More details to this question:
My boyfriend was sent to a new state after being placed on parole in a different state. His PO says he violated parole and took him in. How long can the new state hold him with no word from the paroled state?
11 ANSWERS
Without knowing the states that are involved, the question cannot be answered.
Answered on Jul 11th, 2013 at 2:02 AM
Criminal Attorney serving Bellingham, WA
at
Andrew Subin Attorney at Law
Update Your Profile
That would be 90 days.
Answered on Jul 11th, 2013 at 1:57 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
Is he still under jurisdiction from the original state? They should be the one coming to get him. If no word from the courts or probation as to what is going on, get an attorney involved right away.
Answered on Aug 31st, 2011 at 10:13 AM
Technically the parole violator has a right to an extradition hearing. If he waives extradition proceedings, I think they have to get him within 30 days unless good cause is shown for an extension.
Answered on Jul 05th, 2011 at 11:11 AM
Appellate Practice Attorney serving Clinton Township, MI
at
Thomas J. Tomko, Attorney at Law
Update Your Profile
Thank you for your inquiry. Your question is in the nature of extradition. You should consult with an attorney in the state in which he is currently being detained. Since states can be different, your question needs to be answered in that state. I hope that this was helpful.
Answered on Jul 05th, 2011 at 11:03 AM
Michael J. Breczinski
that depends on the State but after a period of time a lawyer should be able to get him released if the State that paroled him is going to do nothing.
Answered on Jul 01st, 2011 at 10:36 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Do? Either fight extradition or dont. Youll be held until any hearings on extradition are completed. Plus, youll either fight the parole violation charges or you wont. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answered on Jul 01st, 2011 at 9:05 AM
William Guy Pontrello
Each state has different laws, consult the state holding him.
Answered on Jun 30th, 2011 at 11:44 AM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
If he is on parole in the state that he is being held. Then they can violate him and take action. They don't have to send him back to the other state. But, they may after his difficulties are cleared up in the state where he is being held.
Answered on Jun 30th, 2011 at 11:44 AM
Criminal Law Attorney serving Lancaster, NH
at
Harden Law Office
Update Your Profile
Parolee may be detained for up to 30 days then sending state must pick him up. Typically will only be locked up for violent or DV related assault.
Answered on Jun 30th, 2011 at 11:43 AM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
You should run these questions by the lawyer who represented him in the underlying criminal proceeding.
Answered on Jun 30th, 2011 at 10:18 AM