Q: If RI does not pick up a fugitive of justice in 90 days from MA once he is released from another sentence can he be held
My friend was picked up in MA on a fugitive from justice warrant placed by RI. He was held for 90 days, no governors warrant was signed, and they never came and got him. He is 9 days from release for an unrelated crime in MA. Can RI still come and get him? Can he be held for another 90 days? He will not sign the extradition and no one in the jail has mentioned it since he was first sentenced to the MA crime 90 days ago. He also has not gone before any court since his sentence almost three months ago.
A:
Your friend’s situation is complicated but there are some key points to consider. If Rhode Island (RI) hasn't picked him up within 90 days, and no governor's warrant was signed, he may have grounds to challenge any further detention for the fugitive warrant. Legally, if the 90 days have passed without action from RI, your friend should be released unless there are other legal reasons to hold him.
Given that he hasn’t gone before any court regarding the fugitive warrant since being sentenced in Massachusetts (MA), it's crucial that he speaks with a lawyer who can advocate for his release. The lawyer can argue that the lack of action from RI violates his rights and that he should not be held any longer without proper legal proceedings.
It’s important for your friend to insist on legal representation and to make sure his rights are being upheld. If RI tries to extend his detention beyond the original 90 days without proper documentation, he should contest it with the help of his attorney. Keeping detailed records and communicating clearly with his lawyer will be essential in resolving this situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
