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What is your relationship to the prisoner?
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.
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.
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.
Not the jailer, but whoever is in charge of the jail. Usually that's the Sheriff but it can differ by county.
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.
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.
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.
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.
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.