Legal Question in Criminal Law in Florida
The following is a question I asked and an answer received. Problem is the answer does not answer the question. There is no open ended hold period in the U.S of A. which is what this answer implies. As far as MARION COUNTY is concerned in regards to this hold his bail IS POSTED for the Marion county charge. He can't be held indefinitely until Pinellas county decides to come get him. There is a set number of days before he has to be picked up or released, unless I woke up in China today. I have been told by the marion county jail it is 10 days, by the bondsman it is 21 days, and by an attorney 13 days, another attorney he has to be released and now by another attorney he is held until he is done with Marion county. The Marion county issue has had a bail posted now the ball is in Pinellas counties court. Does any attorney know the actual answer to this question?
I have a friend in Marion county jail in FL. We posted his $1000 bail but Pinellas county has a Violation of probation hold on him. How long does Pinellas county have to pick him up or Marion county has to release him on the posted bail?
Asked on 9/22/14, 12:49 pm
He will have to finish his matters in Marion county. Once done there, Pinellas will come pick him up which could be anywhere from a few days to a few weeks once done with Marion. Obviously, he needs an attorney for both counties.
1 Answer from Attorneys
This question is a bit different than your prior question. If you paid the bond on the Marion Charge then he has been "released " on that charge. In fact he will not get credit from Marion for time served since the bond was posted. I am assuming the violation from Pinellas has a no bond hold and only a Pinellas judge could set a bond. You actually created an uncommon situation by posting the one bond since it is fairly standard to transport the defendant after they have resolved the new case unless a transport order has been put in place. A violation is a bit different than a new charge because the defendant does not have the right to a speedy trial. As such there is not a major incentive for the state to move quickly. Under the standards of the interstate compact on extradition a person can be held up to 30 days (60 if good cause is shown) before they have to be released on a warrant (the warrant will remain active though). Other than this requirement, which is not entirely applicable to the situation, I can find no statute or code that applies a limit on the amount of time that a person can wait to be transported. I believe the 21 days the bondsman referenced is actually "mandatory release" which does not apply to violations of probation.
If you believe he is being help unjustly you can always file a petition for habeas corpus with the local court. A judge may find that detaining him with no effort to transport him is unreasonable and order his release.
Related Questions & Answers
-
I have a friend in Marion county jail in FL. We posted his $1000 bail but Pinellas... Asked 9/22/14, 12:49 pm in United States Florida Criminal Law
-
HOW LONG DOES A COUNTY IN FLORIDA HAVE BEFORE IT MUST PICK UP AND RETURN A PERSON... Asked 9/22/14, 12:24 pm in United States Florida Criminal Law
-
Daughter is 16 and is arrested and charged assault 2nd degree. 1st time ever in... Asked 9/21/14, 4:02 pm in United States Florida Criminal Law