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illegal hold

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indigoksy

Junior Member
What is the name of your state (only U.S. law)? Texas
My husband has an interstate compact hold for probation violation for 90 days because he got another charge. New charge case was dismissed. He accomplished his 90 days and nobody came to pick him up but jail still didn't release him. I contacted interstate compact and they are saying that they are still waiting for the judge decision if they need to execute the warrant or not. But 90 days are up. Is it legal that jail is still holding him? What can i do to get my husband out? Our lawyer doesn't answer my texts/calls since case was dismissed and can't hire another one. Please help
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Texas
My husband has an interstate compact hold for probation violation for 90 days because he got another charge. New charge case was dismissed. He accomplished his 90 days and nobody came to pick him up but jail still didn't release him. I contacted interstate compact and they are saying that they are still waiting for the judge decision if they need to execute the warrant or not. But 90 days are up. Is it legal that jail is still holding him? What can i do to get my husband out? Our lawyer doesn't answer my texts/calls since case was dismissed and can't hire another one. Please help
You do realize this will happen again if he doesn't deal with his legal issues...Yes?
 

FlyingRon

Senior Member
What will happen again?
He can get arrested and held again and again everytime some LEO realizes there's a warrant out for him. The problem is that he is a probation absconder and the speedy trial rights are limited (especially if he's not asserting it).

He needs an attorney back in the supervising jurisdiction. You mention interstate compact; was he being supervised by another jurisidiction? Did the original jurisdiction request the transfer revoked?
 

indigoksy

Junior Member
He can get arrested and held again and again everytime some LEO realizes there's a warrant out for him. The problem is that he is a probation absconder and the speedy trial rights are limited (especially if he's not asserting it).

He needs an attorney back in the supervising jurisdiction. You mention interstate compact; was he being supervised by another jurisidiction? Did the original jurisdiction request the transfer revoked?
Dear FlyingRon,
my main question is it legal what they are doing??
His warrant time is up. Based on what document is he still in custody?
 

FlyingRon

Senior Member
Yes, it's legal.
The warrant is superfluous if there is a hold order from the DOC in whatever state is involved.
He needs to assert his rights which will require a lawyer (if indeed he has any).
 

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