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My husband is being detained in nj on a warrant from. he saw…

Customer Question
My husband is being...

My husband is being detained in nj on a warrant from virginia. he saw a judge in nj who said that he was giving va 10 days to pick him up or he is to be let go. an officer said that it does not matter what the judge said, va can take all the time in the world to pick him up. is this true.

Lawyer's Assistant: What state is your husband in? It matters because laws vary by location.

New jersey

Lawyer's Assistant: What steps has your husband taken so far?

None, he was waiting for virginia to come get him.

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

The charges are for unauthorized usage on a vehichle over 200 dollars

Submitted: 6 months ago.Category: Legal
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1/8/2018
Lawyer: Zoey, JD, Attorney replied 6 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,412
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post and am working on your reply.

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Lawyer: Zoey, JD, Attorney replied 6 months ago

Neither is exactly right. Virginia will have ten days to let NJ know if they are going to come get him. If they don't reply at all or if they notify NJ within that 10 day period that they don't want him, NJ will release him. If they reply and they do want him, however, extradition will take as long as it will take.

There are some general guidelines, however.

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

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Lawyer: Zoey, JD, Attorney 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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