How Long Does it Take to Get Released After Extradition Proceedings are Dismissed
My question involves criminal law for the state of: West Virginia
Long story short, followed by questions. West Virginia picked up a gentleman over a misdemeanor probation violation warrant from Maryland. The guy went to the local jail. He was arraigned that evening in front of the Magistrate for the county in West Virginia, where he waived his right to extradition, and was offered bail. The bail bondsman said that even if he posted bail, West Virginia would not release him as a courtesy to Maryland and Maryland has thirty days to retrieve him. I contacted the District Attorney in Maryland and they informed me that Maryland had decided not to extradite him. They notified their sheriff's department who in turn notified West Virginia. They said West Virginia should release him and so that he may turn himself in. This morning I contacted the Magistrate's office who informed me the case was sent to the circuit court, who in turn told me it was up to the magistrate, who in turn told me it was up to the circuit court, who in turn told me it was up to the prosecuting attorney who in turn has not returned my call. Here is where I am truly confused:
Q1 - If Maryland is not extraditing him, will he still be required to post bond in West Virginia? Bond is to ensure that the accused shows up for their hearing, but there is no hearing in West Virginia. West Virginia has nothing to do with this aside from holding him until Maryland extradites - which Maryland have chosen not to do.
Q2 - Why was this matter even referred to the circuit courts and prosecuting attorney if there is no hearing or charges in West Virginia?
Q3 - Maryland moved very fast on this matter and resolved it within a few hours of my contacting them. What could possibly be preventing WV from contacting the jail to let them know to release him?
Q4 - Does WV have the right to hold him for the full 30 days, knowing he will not be getting extradited, just for the heck of it?
And no, I know for a fact there are no charges or criminal activity or doubts or anything in WV. They are simply holding him. He really needs to get back to work and this hold up has us both worried that he will lose his job.
Re: Confused About Release After Extradition Dropped
Ok, so is this about the first person you started asking about or the second? Sounds like the first.
1. If the only reason Wv is holding him is pursuent to a warrant out of Maryland, if md refuses to extradite he will not be require to post bond
2. The only two reasons I can think of:
a. There is a possibilty of some charges in wv
b. A person has a right to object to being extradited which is going to involve that state's courts.
3. Wv will hold him until they are given an officisl communication md is not seeking to extradite him. It's on md to do that, not wv.
4. Wv has no right to hold him any longer than it takes to process him once they have recieve official proper notice md is not going to extradite him.
Re: Confused About Release After Extradition Dropped
First person. I went straight to the prosecuters office and waited on him. My work schedule is insane. I work 30 hours in the next two days so it was important to get this taken care of today. Anyway...
1. He is not required to post bond
2. There are no charges in WV and he did not fight extradition
3. Maryland sent the paperwork yesterday.
Apparently, the hold up, is because the judge has to sign the release papers. The judge decided to go home early today. Go figure. So I lost some hours at work tomorrow, and hopefully he gets out before the big snow storm hits. This has been "fun." Thanks again for your advice. You are pretty smart!