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AFTER 90 DAYS OF HOLDING SOMEONE IN NASSAU COUNTY DO THEY HAVE TO RELEASE HIM

East Meadow, NY |

My boyfriend got arrested in Nassau county and was bailed out,during the process of him leaving the jail after getting bailed,he got rearrested and was told he has an out of state warrant in Virginia,the judge in Nassau county wont allow him to sign extradition papers.my question is on June 17th it will make 90 days , since he has been there on the fugitive warrant arrest ,are they going to release him?

Attorney Answers 4

Posted

It doesn't sound right that they would not let him sign the extradition papers. That usually speeds up the transfer to Virginia. If they do not produce governors warrants by 90 days, he must be released. Speak to his attorney or hire one if you can! Good Luck!!

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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4 comments

Asker

Posted

Who has to issue the governers warrant? and also they wont allow him to sign it because the judge said he is not going to allow him to sign it to get sent to Virginia unless his case is done in Nassau county

Joseph A Lo Piccolo

Joseph A Lo Piccolo

Posted

The other state has to issue governor's warrants. He has a right to sign the waiver!

Asker

Posted

At this point he is close to his 90 days should he just wait for the 90th day to get release and also on the 90th day can they call Virginia and say its 90 days what do you guys want to to. im pretty sure Virginia is not going to come because the charge is not that serious i just want to know will he be released after the 90 days. i asked his lawyer he doesn't seem to know what is going on. smh it makes no sense at this point for him to try to sign the waiver if it was offered since he is so close to his 90 days in the jail in Nassau county.and im pretty sure to get him to Virginia is going to cost money and they probably don't think its worth it. i just want to know what can be done ..help! im lost and confused

Marco Caviglia

Marco Caviglia

Posted

If his lawyer doesn't know what's going on, consider another lawyer.

Posted

Something doesn't make sense unless the judge is afraid they will pick him up and Nassau won't be able to pursue its case. His lawyer is in the best position to explain what is going on.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Even if what you are saying is correct, your BF should send a letter to the court where he is wanted in Va. and advise that he wishes to face his charges and who has custody of him. It may be redundant if there is a hold on him, but speedy trial time in Va. will start running and they will have to decide whether to take him or not. But he does have a right to face the charges there if they want him. They may not have decided what to do yet, so are waiting to see.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

I doubt that the judge is objecting to him being extradited unless he has a trail scheduled or something unusual. Ask the lawyer that is handling the case, he will be familiar with the facts.

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