Hello again. I have another question concerning same issue with boyfriend. He's still in MT jail waiting for his court date coming up July 5th. The friend I had told you about that he was with, already had his court day. He plead guilty and told the judge that Kevon had nothing to do with any of it. Kevons lawyer still hasn't talked to him about whats going on. Anyways, my question is... Is there someway Kevon can stay here in MT and serve the rest of his AZ sentence here?? He has no family or
Hi,No, unfortunately it doesn't work that way. The state where the offense was committed is the only one that has jurisdiction over the case. All another state can do would be to hold him there until he can be extradited to the wanting state, or to release him once it's apparent that nobody is going to come and get him.The fact that the co-defendant took the weight for the your boyfriend should be helpful to him when he gets back to AZ, though it also depends on the evidence the prosecutor has, since that will determine whether or not they believe the co-defendant..
Kevon's MT lawyer can't talk to his lawyer in AZ and make some kind of deal for him to do all the time here in MT? Hmmm..... ok, then can you help me understand what interstate compact is? And how do I help get that started for him? He doesn't want to get out of prison in AZ and not have anywhere to go or anyone to help him. All his family is now in MT where he has lived for the past 3yrs with me. We have a house, and he has a job waiting for him when he gets back here. If he has to stay in AZ for parole I don't know what we'll do. Please tell me my first step on who to contact to get answers. It seems crazy to me, that if MT went all the way to AZ to get him, why would they want to pay for expenses to send him back to AZ when he lives here anyways.
Hi,He has to do time in the state where he was charged with the crime. Once he's out and on probation or parole, then he can apply for a transfer through the interstate compact. If he gets it, that means that he can live in Montana, though Arizona never loses control of the case. That means that if it isn't working out and he were to violate the conditions of his probation or parole, he'd be returned to Arizona again for the resentencing and any jail time.The Interstate Compact. is an agreement among all US states that regulates and provides for the transfer of probationers and parolees from one state to another. If he is going to come out on Parole, the Parole Board will have to approve where he is going to be housed. If they object to an out of state move at the beginning, he will have to apply for it later once he has some time out on parole and has demonstrated that he can live a law-abiding life and follow rules. It would be expected that he has family in the new state and a job waiting for him so that he would be able to meet this needs without having to resort to criminal activity. I have linked you to handbook of what the compact is all about, above. Starting on page 22 or 23 they will explain the transfer rules for probationers and for parolees.
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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