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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23978
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am in the state of MS. My Husband was in a halfway house

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I am in the state of MS. My Husband was in a halfway house on parole and stopped reporting to the parole officer. A warrent was issued for his arrest and he turned himself in on Nov 30th. Well he has been awaiting to be transfered to a state facility and was told he had 72 hours to be transfered otherwise his rights had been violated. I was wondering if that was true and what could be his legal options.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Is your husband awaiting transfer from a county facility to a state facility within Mississippi, or does he have to be transferred to another state?

Has he been told of the reason for the delay, or is there another case keeping him where he is?
Customer: replied 7 years ago.
I am sorry, He is in a county facility in Mississippi, and waiting to be transfered to a State facility.
Expert:  Zoey_ JD replied 7 years ago.
I do not see anything in Mississippi law stating that he would have to be transferred to a state prison within 72 hours. I have found that upon return on a warrant parole must give an offender an opportunity for a hearing on whether his parole should be revoked. (See link)

I don't have enough facts to ascertain why your husband has not yet been moved. If he has no other case keeping him in a country facility then he may be awaiting a hearing pursuant to 47-7-27. If that's not the issue either, you would need to secure the services of Mississippi lawyer in the county who could petition for a writ of habeas corpus and ask that he be moved expeditiously or released. He probably had a lawyer on this matter when he took this plea in the first place. It's worth a call to him to look into this, as it's still technically his case.

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 7 years ago.
ok, when he had turned himself in at the local probation office, He advised the officer that he didn't want to be in the county Jail long. The officer told him to waive his right of a hearing because there was basically no reason for one and it would just take up time. So he did waive his rights of the hearing. Do you think that this was a good idea?
Expert:  Zoey_ JD replied 7 years ago.
I can only answer this question in general. Although hearings are granted, they are really slanted against the parolee and almost impossible to win. When my clients have had no good defense and want to get out of the local system faster, I have advised them to waive the hearing. At least in my state, prison conditions are supposed to be better in the state system than the NYC system. Those who have wanted to stick around longer have chosen to do so not really expecting to win the hearing but because they wanted to see their families and friends who would not be able to visit as often once they were moved upstate.
_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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