How long can a person be held on an out-of-state probation violation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long can a person be held on an out-of-state probation violation?
My daughter was picked up in IL on a probation violation. The original probation was in TN and switched to IL.They are trying to get her to sign extradition papers but she doesn’t want to go to TN. Her children are in school here in IL as is her family. How long can they hold her in jail in IL waiting on TN to pick her up? What are her rights?
Asked on September 2, 2010 under Criminal Law, Illinois
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The system cannot hold her too long if he refuses to sign extradition papers but the paperwork may be in place to force the issue. She should immediately meet with criminal defense counsel and go through the process of figuring what steps might be best for her. Does that mean she should waive extradition rights and go and plea into serving the rest of her term (most likely her probation will be revoked) while in Illinois? It depends on the agreement between these two states and if the prosecutor and judge will agree.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.