What is a "writ"?

[HisBettaHalf]

My hubby says they called him to court yesterday and gave him what he called a "writ". Of course I was at work and it was loud inside the jail so we couldnt really get into it.
He says when he was arrested here in AZ, New York had a certain amount of time to serve him with his warrant (parole violation) and according to his lawyer they were 3 days over their time limit. So now he goes back to court on the 16th where NY has to prove that they served him in a timely manner or they have to drop the warrant and release him back onto parole, where he will then be able to transfer it home to AZ. Does this sound right? Can I do a happy dance yet, or is there a way they can burst my hopeful bubble?

[Gryphon]

Way too early to dance.
If he requested a speedy trial, then that started a "move it or lose it" clock. However, starting that clock is a highly technical process, and any error means the clock doesn't start.
The Writ is a way to request dismissal if they blew the time line, but that doesn't mean anything if the request for speedy trial isn't correctly done.

Originally Posted by HisBettaHalf

My hubby says they called him to court yesterday and gave him what he called a "writ". Of course I was at work and it was loud inside the jail so we couldnt really get into it.
He says when he was arrested here in AZ, New York had a certain amount of time to serve him with his warrant (parole violation) and according to his lawyer they were 3 days over their time limit. So now he goes back to court on the 16th where NY has to prove that they served him in a timely manner or they have to drop the warrant and release him back onto parole, where he will then be able to transfer it home to AZ. Does this sound right? Can I do a happy dance yet, or is there a way they can burst my hopeful bubble?

[HisBettaHalf]

He didnt request a speedy trial. Because it was parole violation, he doesnt get a trial. He went for his preliminary hearing where they ruled that they had sufficient cause to revoke his parole. He was supposed to go back next week for the final hearing and get a decision about how much time he would be looking at. Then out of the blue, they called him to court and said his lawyer filed a writ on his behalf stating that NY did not properly serve him

[Paralegal USA]

Subtitle CC of 9 NYCRR and Executive Law 259-i is where you will find the time lines applicable to an out-of-state parolee's rights to timeliness of notice of violation, preliminary hearing, etc.

Ny Parole does not play fair. Time and again it has violated applicable statutes and policies governing warrants for retaking and related proceedings. Following sustained violation findings, administrative appeal will likely result in upholding the decision(s) below, leaving only Article 78 or habeas as avenue(s) to yet pursue relief. Required for judicial relief, however, is that the argument(s) raised be adequately preserved. In other words, any such legal arguments are required to have been first raised during the course of the administrative proceedings (revocation process), and thereafter on administrative appeal.

The above said, it is extremely important that the record of the preliminary and final revocation hearings, as well as the record of the judicial proceedings in AZ, show all meritorious arguments. It well be beneficial that counsel from NY familiar with parole revocation proceedings be consulted.