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How Long Can a State Take to Extradite You on a Probation Warrant

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  • 05-08-2014, 02:53 PM
    louball
    How Long Can a State Take to Extradite You on a Probation Warrant
    My question involves criminal law for the state of: CO and NC

    My son was accused of Misdemeanor Assault with Domestic Violence in CO. He accepted a deferred judgment sentence with 18 month probation. Unfortunately he violated his probation by not completing his DV classes, and on the last day of his probation the state of CO issued a hold for him in NC (his state of residence). He has been in the NC County jail for over three weeks now awaiting CO to come pick him up. I have a couple of questions:

    1 - Since he just needs to be sentenced doesn't "right to a speedy trial" apply in this case? If yes, how do i invoke this right?
    2 - Is there any time limit for him to be held? Can he be held indefinitely?

    Thanks in advance for any help.
  • 05-09-2014, 06:34 AM
    flyingron
    Re: How Long Can a State Take to Evict You on a Probation Warrant
    Assuming your son is an adult, you can't invoke anything. You will need to get him an attorney. You can't act for him, an attorney can and should know how. In fact, he was entitled to a hearing within 14 days unless good cause is shown for the delay. I'm not sure whether the fact that he absconded out of state is good cause or not for the delay.

    You'll need a Colorado attorney to push the issue on the probation violation under any circumstance.
    You MIGHT be able to get a NC attorney to get him released from the hold based on Colorado not following up. Of course, nothing will stop him from getting rearrested if things are not resolved in Colorado.

    You do understand that by NOT completing his probation not only will the deferred judgement likely go out the window but he can spend a 18 months in jail?

    The best outcome would to get a Colorado attorney to make a case to:

    1. dismiss the violation.
    2. have the probation period extended long enough for your son to complete the DV course.

    Otherwise he can and will likely have a conviction entered and sentenced.
  • 05-09-2014, 10:12 AM
    louball
    Re: How Long Can a State Take to Evict You on a Probation Warrant
    Thank you for the information. I have engaged a CO attorney as suggested. Hopefully, since he notified CO that he was going to be in NC for the 18 month duration of the probation the courts will have mercy on him. Especially since the DV classes were only offered once a week, and they conflicted with his job.

    Thanks again, I appreciate the help.
  • 05-09-2014, 10:19 AM
    Mephis
    Re: How Long Can a State Take to Evict You on a Probation Warrant
    His right to a speedy trial has come and gone as he accepted a plea for a deferred judgment.
    Once picked up he has the right to an extradition hearing, when that occurs depends on the courts case load but happens rather quickly, usually within a couple weeks. The amount of time he can be held can vary based mainly on the states involved, typically it is 30 days from the conclusion of the extradition hearing.
  • 05-09-2014, 11:40 AM
    louball
    Re: How Long Can a State Take to Evict You on a Probation Warrant
    Thank you for the information. I am unfamiliar with what an extradition hearing is. Which state would have the hearing NC or CO? He is being held in NC for a little over three weeks now and hasn't had a hearing here in NC. Also since it is a misdemeanor is there a different time limit, or is it the same as a felony?

    Thanks again for all of your help.
  • 05-09-2014, 11:49 AM
    Mr. Knowitall
    Re: How Long Can a State Take to Evict You on a Probation Warrant
    If your son chooses to oppose extradition, the hearing would be in the state he's asking not to extradite him. Read the governing statutes, here.
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