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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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Can i file a writ of mandamus to get a va. Prisoner moved to

Customer Question

Can i file a writ of mandamus to get a va. Prisoner moved to doc faster. He has been waiting in a local jail and wants to be moved to a doc facility because of work release. Or should i file one to get sheriff to approve work release at the jail. Va law 53.1-20. Please help.
Submitted: 3 months ago.
Category: Legal
Expert:  Dwayne B. replied 3 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.

What is your relationship to the prisoner?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
His sister has power of attorney if that is needed.
Customer: replied 3 months ago.
Hello that did not answervanything am i going to get more?
Expert:  Dwayne B. replied 3 months ago.

First, you can't actually file anything for him. He either has to file it himself or he has to hire a lawyer to file.

However, I don't think there is a pleading that will force the local police to move him to the DOC.

The closest thing is the writ of mandamus but a mandamuse will only be granted if the action being sought is mandatory and not discretionary. In other words, the court will only grant a mandamus if the government official is required to move him to DOC at this time and is required to put him on work release.

I'm not aware of anything that is mandated in this regard unless he has been in jail for over sixty days from the date on which the final sentencing order was signed. If that is the case then you could ask for a mandamus to move him.

Expert:  Dwayne B. replied 3 months ago.

However, you need to be aware that there is sections C and D of that statute allow some leeway for the jail as far as moving him and they are likely to argue that this makes the move discretionary.

Customer: replied 3 months ago.
He has been there longer than that. If he files it how would he and who does he file it with?
Expert:  Dwayne B. replied 3 months ago.

He files it through the court which convicted him and then if it is denied there he takes it up the chain of appeal.

Once he files it he serves the citation on the person who is being "mandamused" to do something, usually whoever runs the local jail.

Expert:  Dwayne B. replied 3 months ago.

Not the jailer, but whoever is in charge of the jail. Usually that's the Sheriff but it can differ by county.

Customer: replied 3 months ago.
But would he need to serve it on the Va Doc. Thats who needs to move him. And what about the work release could we file one to get that approved
Expert:  Dwayne B. replied 3 months ago.

He had better serve it on both the director of the DOC and on the Sheriff. The Sheriff has to release him to the DOC.

You can file one to get work release but it's not going to be granted because work release is definitely not mandatory. It is discretionary and mandamus can only issue on actions that are mandatory. If there is any discretion then it has to be rejected.

Customer: replied 3 months ago.
Could his sister file these for him? I have spent so much money on lawyers that get nothing done.
Expert:  Dwayne B. replied 3 months ago.

No, it must be filed by him or an attorney. If anyone else files it then they are breaking the law and can be arrested since it is illegal for anyone other than an attorney to file papers for anyone else.

Customer: replied 3 months ago.
She has power of attorney.
Expert:  Dwayne B. replied 3 months ago.

That is not the same thing as being an attorney. She cannot file papers for him using a POA. She can hire a lawyer but she can't file the papers or represent him and it will require filing the papers and then having the hearing.

Expert:  Dwayne B. replied 3 months ago.

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 no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 3 months ago.
You guys did not finish ansewring my guestion but took my money. Please send me a link to get a free form of writ of mandamus
Expert:  Dwayne B. replied 3 months ago.

Why do you say that I didn't finish answering your question?

Your question was " Can i file a writ of mandamus to get a va. Prisoner moved to doc faster?" I answered that and explained why. I also explained why you couldn't use a writ of mandamus to get a sheriff to approve work release. In addition, I answered numerous follow ups, yet you did not issue a Positive Rating.

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