What can someone do about an interstate parole violation and how long can they be held? 20 Answers as of July 11, 2013

My boyfriend was sent to a new state after being placed on parole in a different state. His PO says he violated parole and took him in. How long can the new state hold him with no word from the paroled state?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Is he still under jurisdiction from the original state? They should be the one coming to get him. If no word from the courts or probation as to what is going on, get an attorney involved right away.
Answer Applies to: Michigan
Replied: 8/31/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However I would need further informastion and the answer may depend on the laws of the other state. You should hire an attorney.
Answer Applies to: New York
Replied: 7/5/2011
Jonathan S. Willett Attorney at Law
Jonathan S. Willett Attorney at Law | Jonathan S. Willett
Technically the parole violator has a right to an extradition hearing. If he waives extradition proceedings, I think they have to get him within 30 days unless good cause is shown for an extension.
Answer Applies to: Colorado
Replied: 7/5/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry. Your question is in the nature of extradition. You should consult with an attorney in the state in which he is currently being detained. Since states can be different, your question needs to be answered in that state. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 7/5/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
that depends on the State but after a period of time a lawyer should be able to get him released if the State that paroled him is going to do nothing.
Answer Applies to: Michigan
Replied: 7/1/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Normally, he will be held until he has a probable cause hearing by the probation/parole officer in the state where he is being held. Thereafter the recommendations will be forwarded to the state where he is on parole or probation.Anyone who is on parole or probation and transfers same to a different state has already waived extradition. The state where his probation or parole is pending will normally come and get him within 30 days if they chose to move to revoke his parole or probation.
    Answer Applies to: Alabama
    Replied: 7/1/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Do? Either fight extradition or dont. Youll be held until any hearings on extradition are completed. Plus, youll either fight the parole violation charges or you wont. What can you do? Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 7/1/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    On an extradition warrant the state requesting that a person be delivered has 90 days to get the order signed and can then apply for an extension. He should waive extradition and agree to be returned as there is no bail on a parole violation detainer. He has a right to a preliminary parole hearing in 30 days and should retain an attorney to appear at the parole hearing at the prison. He can try to plead to the violation for a reduced sentence.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally an out of state parolee is held pending the return to the receiving state. Normally he will have waived extradition so he goes without question to the receiving state. Normally they return to the receiving state soon after taken into custody if they don't have any other holds.
    Answer Applies to: Nebraska
    Replied: 6/30/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You should run these questions by the lawyer who represented him in the underlying criminal proceeding.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    That would be 90 days.
    Answer Applies to: Washington
    Replied: 7/11/2013
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    I don't understand what you mean about by "no word" from the paroled state. His remains detained until the hold is released.
    Answer Applies to: Colorado
    Replied: 6/30/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Each state has different laws, consult the state holding him.
    Answer Applies to: Florida
    Replied: 6/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If he is on parole in the state that he is being held. Then they can violate him and take action. They don't have to send him back to the other state. But, they may after his difficulties are cleared up in the state where he is being held.
    Answer Applies to: New York
    Replied: 6/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Without knowing the states that are involved, the question cannot be answered.
    Answer Applies to: Michigan
    Replied: 7/11/2013
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    The previous state from where he committed the first crime can hold him until that state arrives and picks him up if there is an extradition order. That process can take up to four months. If you feel that you want him out of the process sooner than that, it is important to contact a lawyer immediately.
    Answer Applies to: South Carolina
    Replied: 6/30/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Parolee may be detained for up to 30 days then sending state must pick him up. Typically will only be locked up for violent or DV related assault.
    Answer Applies to: New Hampshire
    Replied: 6/30/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Ge can be held fir several weeks until an extradition hearing occurs.
    Answer Applies to: Minnesota
    Replied: 7/11/2013
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I'm not sure what you are asking. In most states, a person in custody must be brought before a court to determine whether bail is appropriate. In Washington a person must be brought before a judge within 72 hours of arrest; except holidays are not counted. Beyond that, the detained person must have a hearing in a reasonable time or be released.
    Answer Applies to: Washington
    Replied: 6/30/2011
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