Legal Question in Criminal Law in Virginia

Re: Interstate Agreement on Detainers Act (IADA)

I have no idea, but if this recently court appointed counsel intends to provide even passable representation for his newly acquired client, he had best quickly get up to speed in regard to this IADA and how it may apply to the facts of this particular case.

Re: Interstate Agreement on Detainers Act (IADA)

The issue will be whether your husband's request for final disposition under the IADA complies with strictly complies with the statute. Meaning if it was not done exactly right a trial judge will not dismiss the warrants nor will an appellate judge overturn that ruling. Feel free to call my office in reference to this matter.

Re: Interstate Agreement on Detainers Act (IADA)

Remember that magistrates in Virginia do not have to be lawyers. This is a very strange situation. So magistrates often do not know much about the law.

Since you say the lawyer was appointed for him, he apparently does not have funds to hire a different lawyer. So your choices may be limited.

At a minimum HE (not you, or not you only) should send a letter to the appointed attorney spelling all of this out and asking the questions in writing. You might do some research and include explanations of the IADA and the like.

Then he has documented "ineffective assistance of counsel" if the atty fails to pursue this.

However, that is a minimum. Ultimately you want to have these motions brought and heard. Note that like many legal rights, this is something you will have to ASK for. Until you ASK for the case to be dismissed, no one is going to volunteer or automatically look at such violations of the rules.