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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32340
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I know a inmate who has a hold on them from another state.

Customer Question

I know a inmate who has a hold on them from another state. This inmate has been imprisoned for 26 days and have not yet had a extradition hearing. I just want to know if this is legal.
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No ma'am I have not
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: He had a case in the state he is being held and that case ended on the 21st day
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: He is in Ohio with West Virgina with the hold on him
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, it is legal. Generally, a state can only keep a person incarcerated for thirty days with an additional thirty day extension possible on a request for extradition.

However, this only applies to once he is served with the extradition order. If he is incarcerated on something else then they can make him sit there for his sentence and then arrest him on the extradition and get the 60 days.

What he should do is get a lawyer, agree to be extradited (assuming he agrees) and then have the lawyer write the other state a letter stating he is ready to be extradited. That way if he gets a sentence in the extraditing state he gets credit for the time he was in prison in the present state.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

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