What to do

[Lchand48]

What is the name of your state (only U.S. law)? Indiana

 

[FlyingRon]

What is the name of your state (only U.S. law)? Indiana

First, you must explain the problem.

 

[cherrypie2626]

Exterdition

My mother in-law was arrested in KY where she resides for a fugitive warrant from VA SHE HAS BEEN IN JAIL FOR 12 DAYS how long are they allowed to hold you before they must release you for a mistermeader charge?

 

[NIV]

My mother in-law was arrested in KY where she resides for a fugitive warrant from VA SHE HAS BEEN IN JAIL FOR 12 DAYS how long are they allowed to hold you before they must release you for a mistermeader charge?

There will be certain rules and decisions on how long a person can be in custody without seeing a judge. Has your mother in-law seen a VA judge yet? Has that judge set a new bail? That bail may be higher because of the flight risk. Can your mother come up with the bail amount?

You mother in-law has due process rights--including the setting of a reasonable bail. Other than seeing a judge who can release her and her agreeing to the conditions of release, she has no right to get out of jail until the case is heard and she is released by a finding of not guilty or by completing her sentence if found guilty.

 

[quincy]

My mother in-law was arrested in KY where she resides for a fugitive warrant from VA SHE HAS BEEN IN JAIL FOR 12 DAYS how long are they allowed to hold you before they must release you for a mistermeader charge?

If your mother-in-law is being housed in a Kentucky jail awaiting extradition to Virginia, she can be held for 30 days.

Virginia will let Kentucky know whether they intend to pick her up and transport her back to Virginia to deal with whatever she is facing there. If the charge in Virginia was a misdemeanor, there is a chance that Virginia will decide not to go to the expense of extraditing her and she will be released from the Kentucky jail (depending on what she is charged with in Kentucky that helped lead to her arrest on the warrant).

Even if released from jail in Kentucky, the warrant in Virginia does not go away until she returns to Virginia to take care of it and the charge that led to its issuance. In other words, she can be picked up on the warrant again and again, and spend more time in jail in the future, until the matter in Virginia is resolved.

Your mother-in-law would be smart to hire an attorney. You can help her by assisting in locating an attorney who can help her.


(NIV, read the post - the mom-in-law was picked up in Kentucky on a fugitive warrant out of Virginia. There will be no bail)

 

[NIV]

If your mother-in-law is being housed in a Kentucky jail awaiting extradition to Virginia, she can be held for 30 days.

Virginia will let Kentucky know whether they intend to pick her up and transport her back to Virginia to deal with whatever she is facing there. If the charge in Virginia was a misdemeanor, there is a chance that Virginia will decide not to go to the expense of extraditing her and she will be released from the Kentucky jail (depending on what she is charged with in Kentucky that helped lead to her arrest on the warrant).

Even if released from jail in Kentucky, the warrant in Virginia does not go away until she returns to Virginia to take care of it and the charge that led to its issuance. In other words, she can be picked up on the warrant again and again, and spend more time in jail in the future, until the matter in Virginia is resolved.

Your mother-in-law would be smart to hire an attorney. You can help her by assisting in locating an attorney who can help her.


(NIV, read the post - the mom-in-law was picked up in Kentucky on a fugitive warrant out of Virginia. There will be no bail)

Your answer was much better than mine. I did not look up the procedure in KY when I wrote, "There will be certain rules and decisions on how long a person can be in custody without seeing a judge." but knew there was going to be some rule on how long to hold the person on a foreign warrant. I agree there will not be "bail" for a foreign warrant in the holding state.

The bail I mentioned has to do with, "Has your mother in-law seen a VA judge yet? Has that judge set a new bail?"

You see, I DID "read" cherypie2626 post. I just didn't go into detail into the holding state's procedures as we no longer know where the mother is being held now and, while most states will wait 30 days before releasing a person before the requesting state initiates extradition/rendition procedures, it is not usually a statutory requirement. In KY, I see the statute speaks of "reasonable" time in their Uniform Criminal Extradition Act. Are you sure 30 days is a hard deadline?

440.250 Procedure upon arrest.
No person arrested upon such warrant shall be delivered over to the agent whom the
executive authority demanding him shall have appointed to receive him unless he shall
first be taken forthwith before a judge of a Circuit Court or District Court in this state,
who shall inform him of the demand made for his surrender and of the crime with which
he is charged, and that he has the right to demand and procure legal counsel; and if the
prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the
judge of such court shall fix a reasonable time to be allowed him within which to apply
for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the prosecuting attorney of the county in
which the arrest is made and in which the accused is in custody, and to the said agent of
the demanding state.

When you read the whole act in KY, it seems to me a bond might still be set. That seems odd because the order is from a foreign judge. But, that's how I read it now. I may have been mistaken that only the VA judge could set bail.

 

[quincy]

Your answer was much better than mine. I did not look up the procedure in KY when I wrote, "There will be certain rules and decisions on how long a person can be in custody without seeing a judge." but knew there was going to be some rule on how long to hold the person on a foreign warrant. I agree there will not be "bail" for a foreign warrant in the holding state.

The bail I mentioned has to do with, "Has your mother in-law seen a VA judge yet? Has that judge set a new bail?"

?

You see, I DID "read" cherypie2626 post.

Okay ...

I just didn't go into detail into the holding state's procedures as we no longer know where the mother is being held now and, while most states will wait 30 days before releasing a person before the requesting state initiates extradition/rendition procedures, it is not usually a statutory requirement. In KY, I see the statute speaks of "reasonable" time in their Uniform Criminal Extradition Act. Are you sure 30 days is a hard deadline?

It appears from the post that the mother-in-law is being held in Kentucky on a fugitive warrant. And, yes, she can be held in jail 30 days unless the extraditing state requests additional time (or unless the mom-in-law decides to fight extradition, which will extend the time in jail). The time in jail can be shortened if the extraditing state responds to the holding state that they do not intend to extradite. And, of course, the mother-in-law has a Kentucky ticket or charge of some sort that she must take care of, in addition to being arrested on the warrant.

When you read the whole act in KY, it seems to me a bond might still be set. That seems odd because the order is from a foreign judge. But, that's how I read it now. I may have been mistaken that only the VA judge could set bail.

Bond will not be set on a fugitive warrant. The offender has already been shown to be a flight risk. The offender waits in jail until a decision is made by Virginia on whether to transport the mom-in-law to Virginia to face charges (up to 30 days unless Virginia requests more time).

The mom-in-law should have an attorney - perhaps the one she had in Virginia on the original charge would be a good one to contact, if she had an attorney then.

Links on Extradition, first Kentucky's and then Virginia's.

Kentucky: http://www.lrc.ky.gov/statutes/chapter.aspx?id=39327

Virginia: https://vacode.org/2016/19.2/8/2/

 

[TigerD]

And what does all this have to do with the original poster and debt collection?

TD

 

[quincy]

And what does all this have to do with the original poster and debt collection?

TD

Absolutely nothing ... although it is a mom-in-law collection.

 

[NIV]

It appears from the post that the mother-in-law is being held in Kentucky on a fugitive warrant. And, yes, she can be held in jail 30 days unless the extraditing state requests additional time (or unless the mom-in-law decides to fight extradition, which will extend the time in jail). The time in jail can be shortened if the extraditing state responds to the holding state that they do not intend to extradite. And, of course, the mother-in-law has a Kentucky ticket or charge of some sort that she must take care of, in addition to being arrested on the warrant.

So, you agree 30 days is not a statutory requirement and saying "she can be held for 30 days" is what is commonly done and not what is required?

Bond will not be set on a fugitive warrant. The offender has already been shown to be a flight risk. The offender waits in jail until a decision is made by Virginia on whether to transport the mom-in-law to Virginia to face charges (up to 30 days unless Virginia requests more time).

I will assume you practice in KY and know this to be true from experience as the statutes give KY judges the option to set bond.

440.300
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this state.

 

[quincy]

So, you agree 30 days is not a statutory requirement and saying "she can be held for 30 days" is what is commonly done and not what is required?

I will assume you practice in KY and know this to be true from experience as the statutes give KY judges the option to set bond.

You are new to this site, aren't you, NIV? I don't believe you have ever mentioned the name of your state or your country? Are you in the US? What is your experience with the law?

Both Kentucky and Virginia recognize the Uniform Criminal Extradition Act (I believe only Missouri and South Carolina do not) and, under the UCEA, the time an individual can be held on a fugitive warrant should not exceed 30 days, absent a request by the extraditing state to extend this time.

If the one being held does not waive extradition (agree to be returned to the state that issued the warrant), the time in jail can be extended for court hearings to determine if the warrant is justified. Generally a failure to waive extradition only will lengthen the amount of time spent in jail but, under some circumstances, it can be advised to argue extradition.

This was all discussed in some depth not too long ago in another thread. If I can locate the thread easily, I will post back with its link, for your benefit and continuing education.

 

[NIV]

You are new to this site, aren't you, NIV? I don't believe you have ever mentioned the name of your state or your country? Are you in the US? What is your experience with the law?

I came here looking for an answer to a question I had and stuck around after not finding it. All I represent is that I have a favorite translation of the Bible.

Both Kentucky and Virginia recognize the Uniform Criminal Extradition Act (I believe only Missouri and South Carolina do not) and, under the UCEA, the time an individual can be held on a fugitive warrant should not exceed 30 days, absent a request by the extraditing state to extend this time.

The codification of the act in an individual state is the part of the Uniform Act that is the law in the state. I have reported a couple of instances of KY statutes under the UCEA codification. They seem to differ with your opinion.

 

[quincy]

I came here looking for an answer to a question I had and stuck around after not finding it. All I represent is that I have a favorite translation of the Bible ...

So we can assume you are not in the US and have no legal experience to offer?

 

[NIV]

So we can assume you are not in the US and have no legal experience to offer?

I only state I like the New International Version.

 

[quincy]

I only state I like the New International Version.

It is important for you to know that we handle US legal questions and US legal concerns only. Please look to a poster's state when providing advice and make sure it is applicable to that state and US law. Thanks.

Edit to add two links, the first to 18 US Code Chapter 209 on Extradition, and the second to the thread I mentioned earlier, where extradition was discussed in some depth (albeit involving different states):

https://www.law.cornell.edu/uscode/text/18/part-II/chapter-209

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/old-out-state-bench-warrant-coming-back-haunt-us-631250.html