How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27758
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

My son was on probation in virginia and was transfered to florida

Customer Question

my son was on probation in virginia and was transfered to florida (family move). he was arrested in florida on a probation violation (inaccurately filling out his travel log and in possession of a phone ((no documentation that he couldn't have one)) and is waiting for virginia to decide if they want to extradicte him back. what is the likelihood that they will follow through or just release him in florida? he would prefer to be transfered back to virginia to serve out his time (1.5 years of a 3 year probation). do we need a private attorney or a public defender?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
>My name is ***** ***** I am an experienced criminal lawyer.
EVen though your son's probation was transferred to Florida, the original judge who sentenced him to probation would be the judge before your son would come on a hearing for the violation of his probation. So as a general rule, you can expect him to be extradited to Virginia to face the judge and the prosecutor handling his case.
Typically, if there is nothing other than the Viginia violation of probation keeping your son in jail in Florida, such as a new case, Virgina would get 30 days to come get him, starting from when your son signed the extradition waiver and agreed to return to Virginia. That's because there's a Federal Act called the Uniform Extradition Act that says that 30 days is a reasonable amount of time for an extradition to be completed.
States are free to make their own modifications and are not bound by the Act, but because the Federal Law says that 30 days is reasonable and Federal trumps state, there isn't much one can do about a delay until after 30 days are up. Then, if there is still no movement on the part of Virginia, your son's lawyer can bring a writ of habeas corpus to get him before the judge so that Florida could show good cause as to why he was still being detained and, if the state couldn't, release him.
Usually judges keep close watch on extradition cases since these defendants can easily fall through the cracks of the system if there is no other case they are being held for. Your son probably has a lawyer or a public defender assigned to him in Florida who you can contact and make sure there's no undue delay.
He should have a lawyer on the Virginia end, as that is where the violation will be contested, and that can make a difference as to whether he will be restored to probation, where he'll be allowed to finish his probation, or whether he'll be resentenced to prison and how much. If he's eligible for a public defender, he should be assigned one when he comes before the judge. If he can afford private counsel, he's not eligible for a free lawyer.