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  #1  
Old 09-14-2009, 08:43 PM
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slimsgirl24 slimsgirl24 is offline
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Default Detainer in VA

I wasn't sure where to post, I also posted this in another area..
But my husband in incarcerated in CO and has a detainer on him in VA. He went into co doc in 2001 and also received his legal document about his detainer from Va. He has been told from the law library that VA should have either extradited him within 180 days from when they sent that to him in 2001 or dropped it. The detainer is for probation violation. If anyone could give us some advice as to where to go from here, it would be wonderful! He will see the parole board in January and it is his second time. He won't fight extradition but I of course would rather he got this detainer taken care of and was paroled here lol.. again thanks for any advice!
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Old 09-15-2009, 07:39 PM
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The answer is a little complicated, since VOPs can be viewed a bit differently than trials when a defendant makes a speedy trial demand. However, there's some fairly recent law that supports a right to a speedy VOP hearing.
There are a few possibilities:
1. The demand he made was defective.
These things have to be done TO THE LETTER. If the institution messed up when helping him, that doesn't fix the problem. If it was maile dto the wrong person, he's out of luck. The clock doesn't run until it gets done correctly. In a perfect world, have a lawyer do it. Otherwise do it again (and maybe again after that, having first reviewed the penal code section that applies to intrastate speedy trial requests).
It could also mean that a valid hold remains until his release date (because thre was an error in the speedy trial request). That results in his transport, or the other jurisdiction declines to transport yet the warrant remains.
2. The request is valid, time ran out, the hold remains.
That means when he does show up he has a motion to dismiss, but without getiing back to court it is tough to get that dismissal. If you hired a lawyer you could maybe get an order of dismissal without an appearance.
It could also mean that when the time comes, the other jurisdiction figures it out and declines to transport,

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Originally Posted by slimsgirl24 View Post
I wasn't sure where to post, I also posted this in another area..
But my husband in incarcerated in CO and has a detainer on him in VA. He went into co doc in 2001 and also received his legal document about his detainer from Va. He has been told from the law library that VA should have either extradited him within 180 days from when they sent that to him in 2001 or dropped it. The detainer is for probation violation. If anyone could give us some advice as to where to go from here, it would be wonderful! He will see the parole board in January and it is his second time. He won't fight extradition but I of course would rather he got this detainer taken care of and was paroled here lol.. again thanks for any advice!
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Old 09-15-2009, 09:07 PM
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Ok thank you for that information and I will pass it along to him.
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Old 09-16-2009, 08:00 AM
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Gryphon..is there any case law that supports speedy trial rights for a VOP?
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Old 09-16-2009, 11:20 AM
Gryphon Gryphon is offline
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Quote:
Originally Posted by tolong View Post
Gryphon..is there any case law that supports speedy trial rights for a VOP?
Sure, there's a federal standard (at a minimum). That says an intentional delay that results in a proven inability to present a defense could result in dismissal. It's hard as heck for the defense to meet the burden of proving that what's missing proved innocense, so there aren't too many cases that have happy defense endings when applying the Federal standards. Then each state has stautory and/or case law that can expand those federal Due Process rights.
If you are looking at a particular State, your best bet is to put in some library time at the nearest law library. You'd start by asking the librarian for a state specific "encyclopedia".
CA has some fairly recent law on point, clarifying to some extent about how PC 1381 and PC 1389 (interstate and intrastate speedy trial requests) apply to VOPs. rather than litigate fuzzy issues, most DA offices in CA respond to speedy trial VOP requests just like they were open cases.

Last edited by Gryphon; 09-16-2009 at 11:21 AM..
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Old 09-16-2009, 12:43 PM
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Thank you so much Gryphon..your a wealth of knowledge!!!!
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