Legal Question in Criminal Law in Tennessee

Violation of Probation

My husband was on probation in Florida (where we live). As far as we thought everything was dismissed March 2002 when he went before a judge. He was arrested on December 28th, 2002 in Tennessee due to a warrant out for his arrest for violation of probation. How long can Tennessee legally hold him in jail? He was told ten days. Is this correct? He was also told if he goes before a TN judge he would have to sign extradiction papers and it would cost him 700 for every state border they cross. All he wants to do is get out so he can come home and straighten it all up.


Asked on 1/04/03, 8:12 pm

1 Answer from Attorneys

Eric Dirga Eric J. Dirga, PA

Re: Violation of Probation

Unfortunately, you husband has found himself in the sticky arms of the criminal justice system. Florida allows a person to be held for 30 days. This may be extended for another thirty days if the person held fights the extradition request. If Florida wants him, they will have to show Tennessee why they have the authority to have him extradited (if he fights it). If they don't want the expense of bringing him back they will tell TN in their own time that they do not wish to extradite (extradition costs are placed upon the defendant at the conclusion of the case in the form of restitution - what the exact amounts charged are, I do not know). All this time however is spent in jail for your husband. The best thing to do is to hire an attorney to represent your husband and who can talk to the State of Florida to try and settle this situation before the extradition takes place. As a prosecutor I had several people released from warrant holds in other states upon contact from an attorney with a reasonable explanation. I know what prosecutors are looking for. Many warrants are issued by mistake and these mistakes end up costing people time, money, and sometimes careers. There is nothing that he can do now unless he has someone representing him legally. I hope this helps.

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Answered on 1/05/03, 10:32 am


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