Legal Question in Criminal Law in Massachusetts

My son is being detained in Massachusetts for charges pending in Florida. He left Florida when he was on electronic monitoring and came to Massachusetts where he proceeded to get arrested for Assault and Battery. When he left Florida a Warrant was issued. He has criminal charges involving defrauding a pawnbroker and possession of stolen property as well as burglary. We are not sure if the warrant was extraditable or not, but he signed an IAD paper on August 8 to try to get this stuff behind him. As of the end of his time served in Massachusetts on December 15, Florida had not responded as of yet to the IAD nor responded since then. We understand the 180 days on the IAD is up on February 6th, and the charges will be dropped if Florida does not respond. What is the usual procedure for an IAD and should it be taking this long? Is this determined by the level of the charges?

Asked on 1/04/11, 2:05 pm

Paul Lancia Attorney Paul Lancia

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If Florida does not pick him up, then you need to get in fromt of a Judge and request that he be released.

Answered on 1/19/11, 2:19 pm

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