If a person is in a federal prison on a parole violation and they decide to sign paperwork to have their case dismissed without prejudice because they have another case pending in another state. If they are not picked by the 30 days how or what do you do to either get released or expadite the proceedings?
2007-12-25 12:28:27 · 2 answers · asked by wendy h 1 in Politics & Government ➔ Law & Ethics
Better to not agree to dismiss without prejudice. That just means they will refile against you later. Sounds like someone is in a heap of trouble.
2007-12-25 12:37:16 · answer #1 · answered by joker_32605 7 · 4⤊ 0⤋
The time limit for Interstate extradition is 90 days, not 30.
Generally, if the requesting State doesn't exercise its right to get you, then the holding State (or the Feds, in this case) will refile the PV charge.
The whole point of a dismissal "without prejudice" is to allow the holding authority to refile either when you finish the sentence imposed by the extraditing State, or if they don't prosecute you after all.
Richard
2007-12-25 12:34:48 · answer #2 · answered by rickinnocal 7 · 0⤊ 0⤋