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Paul
Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience:  Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
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How long can a state hold you in jail if you are on an interstate

Resolved Question:

How long can a state hold you in jail if you are on an interstate compact and violate probation but get no new charges. How long does the extraditing state have to pick you up. My son sat in jail for 7 months before extraditing state picked him up.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Paul replied 5 years ago.
DearCustomer

I'm sorry to hear about your son's experience. The rules that govern interstate compacts are created by the Interstate Commission for Adult Offender Supervision (yes, they govern juveniles too despite the name). The latest version of these rules can be found at:

http://www.interstatecompact.org/Portals/0/library/legal/ICAOS_Rules.pdf


According to these rules:

Rule 5.108 Probable cause hearing in receiving state
(a) An offender subject to retaking for violation of conditions of supervision that may
result in a revocation shall be afforded the opportunity for a probable cause hearing
before a neutral and detached hearing officer in or reasonably near the place where
the alleged violation occurred.
(b) No waiver of a probable cause hearing shall be accepted unless accompanied by an
admission by the offender to one or more significant violations of the terms or
conditions of supervision.
(c) A copy of a judgment of conviction regarding the conviction of a new felony offense
by the offender shall be deemed conclusive proof that an offender may be retaken by
a sending state without the need for further proceedings.
(d) The offender shall be entitled to the following rights at the probable cause hearing:
(1) Written notice of the alleged violation(s);
(2) Disclosure of non-privileged or non-confidential evidence regarding the alleged
violation(s);
(3) The opportunity to be heard in person and to present witnesses and documentary
evidence relevant to the alleged violation(s);
(4) The opportunity to confront and cross-examine adverse witnesses, unless the
hearing officer determines that a risk of harm to a witness exists.
(e) The receiving state shall prepare and submit to the sending state a written report
within 10 business days of the hearing that identifies the time, date and location of the
hearing; lists the parties present at the hearing; and includes a clear and concise
summary of the testimony taken and the evidence relied upon in rendering the
decision. Any evidence or record generated during a probable cause hearing shall be
forwarded to the sending state.
(f) If the hearing officer determines that there is probable cause to believe that the
offender has committed the alleged violations of conditions of supervision, the
receiving state shall hold the offender in custody, and the sending state shall, within
15 business days of receipt of the hearing officer’s report, notify the receiving state of
the decision to retake or other action to be taken.
(g) If probable cause is not established, the receiving state shall:
(1) Continue supervision if the offender is not in custody.
(2) Notify the sending state to vacate the warrant, and continue supervision upon
release if the offender is in custody on the sending state’s warrant.
(3) Vacate the receiving state’s warrant and release the offender back to supervision
within 24 hours of the hearing if the offender is in custody.


Rule 5.105 Time allowed for retaking an offender
A sending state shall retake an offender within 30 calendar days after the decision to
retake has been made or upon release of the offender from incarceration in the receiving
state.

As you can see, between the PC hearing and the time for retaking the state really only has 40 days. If your son had also committed an offense in NM then they may have been justified in keeping him in jail. Otherwise, you will want to talk to his attorney in VT about it. The attorney may decide to file a complaint. Most importantly though, the attorney will ask that your son get credit for the time that he served in NM jail.

Best of luck!

If I have answered your question, please click Accept. Feedback is always welcome. If you feel that my answer is exceptional, then a bonus is always appreciated.

I am happy to answer reasonably related follow-up questions if you need further clarification.

Thanks!

 

LEGAL DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Oklahoma. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my posted reply is general information only that is relevant to your situation and is not specific legal advice. The answers given are limited to the information you have provided in your post and therefore cannot be comprehensive. For specific legal advice, please consult with an attorney who has been licensed to practice in your state.

Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience: Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
Paul and 3 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
A sending state shall retake an offender within 30 calendar days after the decision to
retake has been made or upon release of the offender from incarceration in the receiving
state. That is the issue VT was waiting on him to get new charges in NM but he didn't so they let him sit there for 7 months-onky charge was voprobation

As you can see, between the PC hearing and the time for retaking the state really only has 40 days. If your son had also committed an offense in NM then they may have been justified in keeping him in jail. Otherwise, you will want to talk to his attorney in VT about it. The attorney may decide to file a complaint. Most importantly though, the attorney will ask that your son get credit for the time that he served in NM jail.
Does offense mean besides vop? I had a couple of people that worked at the jail in NM call me and tell me they thought he was being falsely imprisoned-which state does it look like screwed up---he went to jail July 30th and VT did not issue a warrant until Jan 9th is this illegal? I will pay you more for the answer to these questions and I did not think you could be held for more than a certain amount of time without new charges
Expert:  Paul replied 5 years ago.
DearCustomer

Thank you for the bonus! I should be able to answer your follow up. However, I'll need some more information I think.

If I understand you correctly, your son sat in NM jail waiting for NM criminal charges to be filed, and these charges never were filed. You say that there had been a violation of probation. Was this violation in NM or VT?

Thanks!
Customer: replied 5 years ago.

VIOLATION OF PROBATION WAS IN NM--AND I9 TALKED WITH THE INTERSTATE COMPACT PERSON IN NM TODAY AND SHE SAID THAT THE WARRANT FOR HIS EXTRADITION WAS NOT FILED UNTIL JAN 9TH--HE WENT TO JAIL JULY 30TH IN NM THEY EXTRADITED HIM ON FEB 21ST-THAT LOOKS TO ME LIKE THEY WERE BEYOND THE 30 DAY RULE AND HE DID NOT AND IS NOT GOING TO GET NEW CHARGES IN NM-HE IS IN VT NOW-I HAVE HAD SEVERAL PEOPLE SAY IT MIGHT BE FALSE IMPRISONMENT-BUT THE QUESTION IS WHY DID THEY HOLD HIM SO LONG BEFORE PICKING HIM UP AND WHICH STATE WAS RESPONSIBLE-DO Y9U THINK I HAVE A CIVIL CASE OR I SHOULD SAY DOES HE. HE DID SIGN THE WAIVE OF EXTRADITION-THIS IS A KID THAT HAD NEVER BEEN IN TROUBLE BEFORE AND HAS ADD/LD AND HAS BEEN IN PRIVATE SCHOOLS FOR THAT ALL HIS LIFE-HIS ORIGINAL CHARGE THAT WAS REDUCED TO A MISDEMEANOR WAS A FELONY

DOES THIS MAKE SENSE???? WHAT SHOULD I DO??? AGAIN HE IS 22 BUT I HAVE HIS POWER OF ATTORNEY THIS IS AN ATTROCITY BUT I WILL SAY HE DID VIOLATE PROBATION

Expert:  Paul replied 5 years ago.
DearCustomer

Here's the problem. The probation violation was in NM and a person can be held on a probation violation for the full term of their sentence. Often in juvenile cases there is no "sentence" that is imposed but a juvenile on probation violation will be held in a detention facility until a judge says that they can be released (several factors may go into this determination). NM had jurisdiction to hold him on the probation violation WITHOUT new charges though. He should have definitely had contact with a judge a few times in this period. If he didn't, that is a cause for concern. It sounds like your son is no longer a juvenile, so I do not know if at the time he was being held as a juvenile or an adult.

I suspect that NM held him on the probation violation and then when that term expired VT initiated the interstate compact.

Ultimately however, I cannot make a determination on this without seeing all of the court documents involved. I would strongly suggest that you consult with an attorney in NM who should be able to look up the court file. Only then can this answer truly be resolved. If he was indeed held in jail longer than was allowable per his probation violation, then your son may be able to file a civil action under 42 USC 1983 to compensate him. Here is a site that explains what that sort of action is all about:

http://www.constitution.org/brief/forsythe_42-1983.htm

Many civil attorneys offer a free consultation to get information about your case and determine whether or not they can help. A good resource for finding an attorney is: http://www.martindale.com/

Since I cannot access the court documents I unfortunately cannot give you a better answer than this.

I wish your son the best of luck! I'm sorry that you as a mother have to suffer through this.

Thanks!

 

LEGAL DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Oklahoma. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my posted reply is general information only that is relevant to your situation and is not specific legal advice. The answers given are limited to the information you have provided in your post and therefore cannot be comprehensive. For specific legal advice, please consult with an attorney who has been licensed to practice in your state.


Paul, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 100
Experience: Juris Doctor from UTulsa. Practicing attorney in Oklahoma. Experience as a criminal prosecutor.
Paul and 3 other Criminal Law Specialists are ready to help you

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