Q: If an individual is in custody for probation violation and has a warrant in another county for a probation violation
If an individual in custody for probation violation and finds that another county was a warrant out for a probation violation what needs to happen for the individual to get released
A: The individual would likely be held until the first case is complete and then they would be transferred to the second county where the probation violation warrant was issued. The family could post bail on the second matter if it has been set. Otherwise, the individual would be held or would need to contact the court about getting the warrant quashed.
Sarah Gad agrees with this answer
I know that this likely will not be the answer you want to hear, but the person unfortunately will have a detainer lodged against them in the first county, meaning that the first county jail cannot release that person until after (1) first probation violation is resolved and (2) the person is extradited to the second county to tend to the second probation violation.
Here is what will likely happen: after the first probation violation is resolved, the person will be held in the first county under a fugitive warrant that will allow the second county around 60 days to extradite the person (unless you sign a waiver of extradition, which typically quickens the process and pays dividends later on). If the second county does NOT extradite the person within the 60 day window (depending on the county and state), the first county must release them. If the second county DOES extradite the person within this time period, they will likely have a detainer placed on them in that second county until either (1) the second probation violation is resolved; (2) a new bail is set and is posted; or (3) you hire a lawyer to quash the warrant in the second county.
I am very sorry to hear that this is happening. I hope that this resolves quickly and favorably for the person you are speaking of. Please remind them that this too shall pass.
Susanne Eltamimi agrees with this answer
A: If a person is in jail on body-only holds from two counties, the person will not be released until both are removed. Usually the hold from the "other county" will remain until the hold from the "home county" is released - assuming both are for alleged probation violations. Also, it's often difficult to get a judge to set bail in a probation violation context, until the revocation hearing. Sometimes, the defense attorney might manage to get both county prosecutors (and probation officers) to agree to a "global resolution" - but of course that depends upon multiple people reaching an agreement. Failing that, you resolve one, then get transported to the next county jail, to work on resolving the other. This is a situation where a defense attorney could be quite helpful.
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