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  1. #1
    Join Date
    Jun 2007
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    8

    Default California Parole

    My son was arrested and served time in a California State Prison. When he was released he wanted to transfer his parole to New York State as that is our home and he has family etc here. That never happened so -he left without permission and came back to NY. He was arrested by the Federal Marshalls for Parole violation and is being held here in NY state for extradition back to Californis. Does anyone know how long he can be held here? He has been in jail here since 4/26/07 and is still waiting--no one here seems to be able to answer this. Is there a time limit as to when California has to come here to get him?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Parole

    Has he been ordered extradited, or waived extradition such that California may transport him from New York? If so, when did that occur?

  3. #3
    Join Date
    Jun 2007
    Posts
    8

    Default Re: California Parole

    I believe May 8th he had to agree to exradiction as when he was released from the California prison he also had to sign papers to be released stating that if he left state he would not fight extradition. His lawyer here advised him just to agree and go back.

  4. #4
    Join Date
    Jun 2007
    Posts
    8

    Default Re: California Parole

    He also has a tenative court date again for 6/26/07 not sure what that is for.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Parole

    If you can find out, please let us know.

  6. #6
    Join Date
    Jun 2007
    Posts
    8

    Default Re: California Parole

    It is just set up to see if California has come to get him-there are no holds , no warrants no nothing except the parole skipping issues and California holding him here.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Parole

    Have you investigated what they will do in the event that California has not come to get him by the time of the court date? It may be that, failing that, he will be released.

  8. #8
    Join Date
    Jun 2007
    Posts
    8

    Default Re: California Parole

    That's what my son thinks but no one here will answer those questions. That is what I am trying to find out--how long can he be held for another state before he has to be released?

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Parole

    Here's one possible statute:
    Quote Quoting New York Criminal Procedure § 570.36 Commitment to await requisition; bail.
    If from the examination before the local criminal court it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 570.14 or 570.16, that he has fled from justice, the local criminal court must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in the next section, or until he shall be legally discharged.
    You can look up the other extradition statutes in the New York Code, Criminal Procedure (CPL), here.

  10. #10
    Join Date
    Jun 2007
    Posts
    8

    Default Re: California Parole

    Thank you for your help. California came and got him today 6/21.

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