My question involves criminal law for the state of: West Virginia
Long story short, followed by questions. West Virginia picked up a gentleman over a misdemeanor probation violation warrant from Maryland. The guy went to the local jail. He was arraigned that evening in front of the Magistrate for the county in West Virginia, where he waived his right to extradition, and was offered bail. The bail bondsman said that even if he posted bail, West Virginia would not release him as a courtesy to Maryland and Maryland has thirty days to retrieve him. I contacted the District Attorney in Maryland and they informed me that Maryland had decided not to extradite him. They notified their sheriff's department who in turn notified West Virginia. They said West Virginia should release him and so that he may turn himself in. This morning I contacted the Magistrate's office who informed me the case was sent to the circuit court, who in turn told me it was up to the magistrate, who in turn told me it was up to the circuit court, who in turn told me it was up to the prosecuting attorney who in turn has not returned my call. Here is where I am truly confused:
Q1 - If Maryland is not extraditing him, will he still be required to post bond in West Virginia? Bond is to ensure that the accused shows up for their hearing, but there is no hearing in West Virginia. West Virginia has nothing to do with this aside from holding him until Maryland extradites - which Maryland have chosen not to do.
Q2 - Why was this matter even referred to the circuit courts and prosecuting attorney if there is no hearing or charges in West Virginia?
Q3 - Maryland moved very fast on this matter and resolved it within a few hours of my contacting them. What could possibly be preventing WV from contacting the jail to let them know to release him?
Q4 - Does WV have the right to hold him for the full 30 days, knowing he will not be getting extradited, just for the heck of it?
And no, I know for a fact there are no charges or criminal activity or doubts or anything in WV. They are simply holding him. He really needs to get back to work and this hold up has us both worried that he will lose his job.
Long story short, followed by questions. West Virginia picked up a gentleman over a misdemeanor probation violation warrant from Maryland. The guy went to the local jail. He was arraigned that evening in front of the Magistrate for the county in West Virginia, where he waived his right to extradition, and was offered bail. The bail bondsman said that even if he posted bail, West Virginia would not release him as a courtesy to Maryland and Maryland has thirty days to retrieve him. I contacted the District Attorney in Maryland and they informed me that Maryland had decided not to extradite him. They notified their sheriff's department who in turn notified West Virginia. They said West Virginia should release him and so that he may turn himself in. This morning I contacted the Magistrate's office who informed me the case was sent to the circuit court, who in turn told me it was up to the magistrate, who in turn told me it was up to the circuit court, who in turn told me it was up to the prosecuting attorney who in turn has not returned my call. Here is where I am truly confused:
Q1 - If Maryland is not extraditing him, will he still be required to post bond in West Virginia? Bond is to ensure that the accused shows up for their hearing, but there is no hearing in West Virginia. West Virginia has nothing to do with this aside from holding him until Maryland extradites - which Maryland have chosen not to do.
Q2 - Why was this matter even referred to the circuit courts and prosecuting attorney if there is no hearing or charges in West Virginia?
Q3 - Maryland moved very fast on this matter and resolved it within a few hours of my contacting them. What could possibly be preventing WV from contacting the jail to let them know to release him?
Q4 - Does WV have the right to hold him for the full 30 days, knowing he will not be getting extradited, just for the heck of it?
And no, I know for a fact there are no charges or criminal activity or doubts or anything in WV. They are simply holding him. He really needs to get back to work and this hold up has us both worried that he will lose his job.
Bail, Bond and Pretrial Release Confused About Release After Extradition Dropped
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