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Criminal Law/Detained from Louisiana

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Expert: - 9/30/2009


Question
My fiancee was on probation in New Jersey for a crime he committed in Louisiana. In June he was arrested and charged with criminal mischief (fourth degree)and he is also being detained by Louisiana for probation violation. I paid his bail for the criminal mischief charge. I was wondering if there was a time limit after the bail has been paid that Louisiana has to come retrieve him. There are still more court dates he must attend for the mischief charge but I'm not sure of how a detainer from another state works.

Answer
Am I correct in assuming that he is presently locked up in New Jersey waiting to be extradited to Louisiana?

Usually a state will not let a defendant go until all of his cases are satisfied and he cannot get out on bond since there is a detainer from another state.

The Constitution guarantees the right to a speedy trial but says nothing about a speedy extradition.  Even if all of his cases were cleared in New Jersey it still could be a few months before the other state picked him up.  Many jurisdictions use private prisoner pickup services these days and the circle the country picking up prisoners and when they get around to the jail in New Jersey they pick up whoever is waiting to go.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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