Legal Question in Criminal Law in Florida

Hebeas Corpus

My sister was arrested nearly 30 days ago on a ''hold'' by Florida for not finishing her probation 35 years ago. She lives now in Utah. Is 61 years old. Has no money. Can we file a writ here? What can we do? No one seems to know anything nor will provide any information. How many more days can they hold her in the SL County Jail? We seem to be at a stalemate. Public Def here says they dont do out of state charges. Florida Defender says they wont take case because she doesn't live in Florida. Original Judge dead, Prosecutor retired, files missing, Chief Judge of Florida says he has no authority to intervene. We are at a loss as to how to proceed. Can you help us? We are not rich people.


Asked on 11/23/08, 8:55 pm

2 Answers from Attorneys

Kelly Papa Law Office of Kelly Papa

Re: Hebeas Corpus

I don't have nearly enough information, such as what was she on probation for? I'm guessing it is a felony or they wouldn't bother. Normally, the procedure, is for the jail there, to call Florida. Florida would then have so many days to get her. Unfortunately, I can not tell you how many days that is, as I don't have my statutes with me at home.

What county in Florida is the hold for?

Also, if she is extradited here, she will be entitled to a public defender. Just not before her arrest.

Please contact me with the additional information, and I will try to give you a better answer.

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Answered on 11/23/08, 9:11 pm
Leland Garvin Garvin Law Firm

Re: Hebeas Corpus

I see that a Jacksonville lawyer has already responded to your question.

If the original charge is anywhere in the southern part of the state I would be glad to help as well.

Take care,

-Leland 888.524.2426

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Answered on 11/23/08, 10:51 pm


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