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Originally Posted by bronxjayboogie  What is the name of your state? South Carolina
Good Morning. I am in dire need of some legal advice.
My fiance is currently serving an 8-month sentence for a felony D (possession of stolen property) charge at Riker's Island in New York. He is slated to be released next Tuesday. He recently discovered that he has a warrant out for his arrest for violating his parole/probation in South Carolina.
He was informed that one of two things would happen. On one hand, South Carolina officials will be picking him up in two weeks to stand trial and conviction down there. Or on the other hand, he will be released in 30 days if no one comes to pick him up. |
Actually, if he does not fight extradition, SC has up to 30 days to pick him up on the warrant, they don't have to do it in two weeks. So, they could get him in two days if they are so inclined. For safety reasons, I doubt that you will be given the actual date they intend to pick him on, if they do in fact plan on extraditing him to SC.
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I called his parole officer to try to rectify the situation, however, she bluntly told me that there is nothing that can be done. He will be picked up in two weeks. At the present time, I need a second opinion. I need to know if there is anything that can be done to rectify this situation. I could really use some sound legal and personal advice.
Thank you.
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It doesn't sound like there is anything you can do about it. Do you know why he is being violated? My guess is that he committed another crime while he was on parole or probation and/or he left the state of SC without permission from probation/parole. Most likely, he did both. I'm sure he knows what the terms of his probation or parole were and chose to ignore them or thought he could get away with breaking them. (until he was arrested again) So he will probably be going back to prison in SC, to serve out the remainder of the sentence he was paroled on.
Also, even if SC chooses not to pick him up, the warrant will still be outstanding and any time he is stopped and/or questioned by the police and they run his name, the warrant will pop up and he will be taken into custody for it again. Then SC will again be notified that he has is in custody and they will have another thirty days to come pick him up again. So this can become an endless cycle of arrests and thirty day jail stays, until SC does pick him up, or he appears in court in SC to resolve the issue voluntarily.
So I wouldn't be making any wedding plans for the near future,,, at least not until his scheduled release date on the SC case. Unless you can find yourself a little better marriage material. This guy sounds like a real loser to me. But only you know if you want to spend the rest of your life married to a multi state felon. The repercussions of his criminal record can and will close a lot of doors and make many things in life rather difficult
for the two of you, so I think you should give some serious thought to starting a new life with this black cloud hanging over your head and following you around everywhere you go with this guy.
10-18-2007, 09:57 AM
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