Criminal Law Questions? Ask a Criminal Lawyer.
It was a weekend, and this is now the second day of the week. You cannot expect transfers on a weekend. The law is that there needs to be transfers as soon as "reasonably" possible. However, if he is there this time next week, then he can file an Action of Mandamus requesting the court to mandate the transfer happen or release him
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Is there any way to get visitation while he is detained? Also...will it make the process faster if I get a lawyer or will he still need to wait to see a judge before he can get out.
They should not bar you from visits on regular visitation days and hours
The process is what it is.
An attorney cannot make that faster.
But you may need an attorney for a Mandamus, should he still be there next week
When I called to ask they said that since it was a detention center they did not have visitation...I apreciate your help...does it make any difference if he still has no details in regards XXXXX XXXXX charges? Can they just keep him there without really explaining what he is being held for.
Yes. If it is not out of state, and just to another county, they have a warrant for him. He would need to see a judge if he were going to fight extradition to another state.
But not a county within the same state
Is there something else I can do? It is a different county within the same state I am a little confused with your answer, I apologize, do you mean that they cant hold him if its within the same state?
It is the same state
So it is not an "extradition"
That would involve a different state
So they will take him back to Denver County before he will see a judge
Yes. I know its the same state
If it was a different state, he could see a judge before Extradition
But this is a Transfer
They will bring him to Denver County
and be held there until a judge can see him
The only thing you can do, is consult with a local lawyer, if he is still there this time next week
ok thanks for the information.
Yes. If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck
Can he serve time for a domestic threat?
A threat as in he made a threat?
What I have been able to find out is that he said something to his ex wife more than a year ago something like "I wish you were dead" and his ex wife's supervisor supposedly called the cops...my husband was never served, he had no idea there was a warrant for his arrest...we never recieved a notice from a court or anything.
There has to be a "credible" threat. Under CO law "Credible threat" means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. Such threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear
So what you describe could be a situation that escalated from something else, which is why the warrant
If this was a year ago, it is possible that once he gets to Denver County, the DA may dismiss it
If you want to consult with a local attorney now and see if they want to dismiss and quash the warrant
A local attorney can negoiate and see if that is possible
If your husband has a job, does not see the X, etc
That would be your best bet at this time
would his ex be able to do anything to dismiss it?
Maybe. But ultimately, it is up to the DA
The ex can call the DA and see if they will dismiss and quash before he is transferred to Denver County
If she is willing to do that.
yes...the relationship between all of us has been good...she claims that she did not know anything about it either...she claims that like I said before it was her supervisor who had called the cops and she never filed anything agaisnt him
Then, yes, have her call the DA in the morning
Tell them the warrant is a year old
and that she does not want to go on.
Have her request them to have it quashed. If he has a job, have her explain he is missing work, etc
She may have to go in person, once she calls
because they will want to see that it is indeed her.
ok I will ask her thanks so very much...