Legal Question in Criminal Law in Ohio

A year ago my friend was convicted of felonious assault and domestic violence here in Ohio. He spent 3 months in jail, and then a drug treatment program. After being released from the drug treatment program, he was arrested at his probation officer's office on a warrant out of Florida as a probation violation on the above charges. He spent a year in FSP and now has a warrant from Ohio to return him to the judge. How is this legal when there is no probation violation and he completed his sentence? Florida State prison has now shipped him to another jail to wait for Ohio to get him..how long do they get to come and get him? They put out the warrant 6 months ago, and he signed the extradition paper over a month ago. His release date from the Florida sentence was today, so he could be on his way home by now..I would just like to know how long they have to come and get him and can people just be extradited and taken back to jail to start probation over again?


Asked on 3/04/11, 4:05 pm

1 Answer from Attorneys
Timothy Hess T. Hess & Associates, LLC

It is likely that he was on probation here in Ohio and even though he did his time in Fla., he still has his probation to deal with here in Ohio. As a formality, the probation department is required to issue a warrant for his arrest. There is a "Notice Of Availability" that can be filed with the Court and he must be picked up with in a time (unsure whether its 90 or 180 days) certain or a motion for dismissal could be filed.

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Answered on 3/04/11, 4:14 pm


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