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I want to request a release from a WV jail for my friend He…

Customer Question
I want to request...

I want to request a release from a WV jail for my friend He has been incarcerated for almost 6 months. He has a parole officer in WV but was

Lawyer's Assistant: Since parole regulations vary, can you tell me what state this is in?

His original felony was in VA, he has a Parole Officer in VA. His family was in WV so they released him to WV and he has a parole officer there

Lawyer's Assistant: Have you talked to a lawyer yet?

He violated his parole due to marijuana usage and that is a VA violation but they pulled him in WV from his parole officer in WV

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They never notified VA they were holding him in WV. so VA issued a fugitive warrant, then I finally just got him a hearing for extradition in WV and they said he has 10 days to be picked up by VA that has expired I want to file a motion for his release how do I do that

Submitted: 6 months ago.Category: Criminal Law
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11/29/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,887
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient while I type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Actually, VA has more than 10 days to get their act together regardless of what you may have heard or read.

West Virginia is required by law to give Viginia a reasonable chance to show up with a team of officers to pick up your friend. How long is reasonable? There's no firm answer to that. Extradition will take as long as it will take. There are some general guidelines, however.

Typically, he can be held for at least 30 days from when the defendant waives extradition and agreed to return to VA. 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 from the waiver are up. Then, if there is no movement on the part of Virginia, your friend's lawyer would have to bring a writ of habeas corpus, which is an emergency remedy to get him before the judge for a hearing at which the state would have to show good cause as to why he was still being detained and, if the state couldn't, release him.

You cannot prepare and represent your friend with this. It requires a lawyer. Only a lawyer or the defendant himself can petition for and argue the writ.

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Customer reply replied 6 months ago
I have a power of attorney, is that the same as him doing it himself
where can I find a sample writ of habeous corpus ?
30 days is up on dec 9th or is it 30 business days?
also, he has been held for 4 months prior to this why wasn't he released and they never notified VA they had him in custody yet they knew that they did have him held
Customer reply replied 6 months ago
I don't want to pay 2x for another answer , is this still part of the questions that I already asked?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Sorry for the delay. I had to take a phone call. Please give me a few more minutes to type a reply because I have only just now seen your follow up.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

I have a power of attorney, is that the same as him doing it himself

No.

where can I find a sample writ of habeous corpus ?

There are none on the web for extradition matters. The samples for WV are all involving post conviction issues. You'd need a law library, but you still can't do this for the defendant.

30 days is up on dec 9th or is it 30 business days?

It's 30 regular days beginning from the day he signed the waiver agreeiing to return to Virginia.

He has been held for 4 months prior to this why wasn't he released and they never notified VA they had him in custody yet they knew that they did have

him held.

I don't have enough information to answer that question. If he had a WV case,however, that would have to be dealt with first before he could be extradited.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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