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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20125
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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In Sept. of 2007 I was arrested for Criminal Trespassing and

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In Sept. of 2007 I was arrested for Criminal Trespassing and Possession of Drug Paraphernalia in Pa , while visiting the state. As a resident of VA at the time I was arrested in Nov 2007 on a probation violation and was advised PA would extradite , I waived extradition.. Spent 3 years in State Prison. Upon my release I was once again notified that I was in NCIC and would be held for PA , they once again told PA would come get me . They never did. Now nearly five years later , now a resident in WV I am again being told that I am in NCIC and PA wants to come get me. I have been Sober , employed full time done excellent on probation since being released in 2010. I finally have my life together . What do I do

Thank you for the information and your question. There is no way to say with certainty what the outcome of your case will be since I don't have all the facts of your case, including those in possession of the State of PA, but you might consider hiring a local criminal defense attorney to fight extradition to PA. The reason I say that is because I believe that the State of PA has missed the statute of limitations in your case. In particular when they declined to extradite you back to PA five years ago, that action should have started the SOL clock back up.

That means that since the SOL for the crimes you are charged with would be two years. The time you were out of State, either on your own or in Prison is not counted toward the running clock. However, once you are made available to PA and they declined, my position, if I was your attorney, which of course I am not, would be that the clock kept ticking and the two years to prosecute have run out.

But again, I don't have all of the facts and that is why you need to hire a local criminal defense attorney who can get all of the facts and challenge the extradition. Even if you were to go back to PA, your attorney there could still challenge jurisdiction based on the SOL.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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