Legal Question in Criminal Law in Virginia

Extradition

My fiance is currenlty being held in the Marion County Correctional facility in Marion,OH awaiting extraditing to Virginia. The problem is, in 2001 Virginia faxed documents to the Detroit Police in which he was being held custody for extraditing then and the letter clearly states that the commonwealth attorney reviewed his case and determined that they will not extradite him. now 4 years later they are trying to extradite him again. Is this illegal and do we have a case considering the letter we received in 2001?


Asked on 8/17/05, 12:09 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Extradition

Your attorney could make the argument that the initial refusal to extradite, and the four-year delay, violated the defendant's right to a speedy prosecution and trial.

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Answered on 8/17/05, 2:25 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Extradition

There is no problem with extraditing him. There is no statute of limitations on felonies. The state may bring the charges at any time. The fact that they did not want to extradite him four years ago has no bearing that they want to now. The choice is the prosecutor's. I'm sorry this will not invalidate the extradition case.

Good luck.

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Answered on 8/17/05, 10:17 pm


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