Legal Question in Traffic Law in Maryland

i have a friend who is currently serving 18 months in frederick county, maryland jail and has a charge of driving without a license in west virginia. he hasn't rec'd a court date yet and someone told him there was an opportunity to serve the wv sentence (whenever he gets it) in maryland where he's currently at. is there some kind of interstate agreement (he mentioned IAD or close to those letters) where both sentences could be served at the same time in both maryland and west virginia? thanks for any help you can provide,


Asked on 10/27/09, 4:04 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

The interstate agreement on detainers deals with how states handle a person with an out of state warrant, such as how the states must notify each other and how long the person may be held for the other state to take custody of him or her. I am not aware that it deals with serving sentences. However, at sentencing the WV court could order that the WV sentence be served concurrently with the MD sentence, and that the WV sentence may be served at the Frederick Co. Detention Center.

However, there are two hurdles. First, will Frederick County transport your friend to his court date in WV, or will WV come get him and return him. Second, will there be enough time left on the MD sentence that the WV will not extend beyond it. Jails cost money to operate and Frederick Co. will probably not agree to assume WV's burden after the MD sentence ends. The Frederick Sheriff has proposed charging inmates for their stay.

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Answered on 11/02/09, 6:57 am


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