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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 951
Experience:  Managing Attorney at a Law Firm
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My question is my fiance lives in PA and is on probation /

Customer Question

my question is my fiance lives in PA and is on probation / parole for Florida that was transferred to PA thru interstate compact. He was also on probation for a DUI here in PA. he has a violation and served a 90 in PA and once paroled, he was paroled to a detainer awaiting a decision if he is going to be extradited to florida or released to show up for a court date. the violation was for a misdemeanor. my question is how long is the time frame for florida to make a decision weather or not he will be extradited or released?
JA: I'm trying to find the right Lawyer for you right now. As soon as they are ready, I will let you know.
Customer: ok
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: the violation was for both PA and FL he served the violation for PA and was paroled to a detainer for FL awaiting an answer from FL. the State of PA recommended that he stay supervised in PA with no further court action, but FL still hasn't complied with the interstate compact Rule.
JA: Has anything been filed or reported?
Customer: the only thing that I see on line in Polk county FL is of the letter to the Judge asking for a decision if they will keep the supervision in PA with no other court actions or release him to go on his own for a VOP hearing or an extradition
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need to know what is the time frame that he has to stay incarcerated awaiting a decision. because interstate compact has a rule that Florida has 10 days from date that was submitted to answer, and it hasnt yet
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 4 months ago.

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 4 months ago.

The general length of time that he can be detained while waiting for extradition to Florida is 3 weeks.

If Florida authorities do not pick him up by then, he will need to be released.

If he has a lawyer in PA, and the 3 week marker elapses, and for some reason he ends up not yet being released, his attorney will need to file a Motion for Release with the PA court, which would then force the PA authorities to release him from custody.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to kindly rate me using 3 stars or more, as this is the only way experts are compensated for our time here on 'just answer'. I don't receive a salary here, and am only compensated for my time after you leave me a positive rating. The question won't close after you rate me, so you can still ask follow-up questions after rating me. Thanks so much, I appreciate it!

Customer: replied 4 months ago.
Maybe you Mia understood. He is currently on a hold awaiting an answer from Fl. Interstate compact has rules that need to be met. I just saw that now there is a conference status hearing for June 2nd. I don't understand why there has to be a status hearing if the letter that was sent with recommendations for him to stay under supervision with the state of PA. Why does he still have to wait on hold in a state prison?
Expert:  Nisha Jones, Esq. replied 4 months ago.

My apologies for the delay, I was away from the site until now.

Unfortunately until Florida makes an official decision on the record -- as far as whether they will or will not extradite him -- then he can still be held in custody. This should however be resolved at the scheduled status conference on June 2nd.

Unfortunately though, it is most likely that he will be held in custody until then.

I hope that helps! Please let me know if you still have any more questions.

Don't forget to take a moment to leave a positive rating. You can still ask follow up questions after. Thanks so much!

Expert:  Nisha Jones, Esq. replied 4 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!