I was a victim of a assault in October 2006. My nose was broken and I
Had some minor injuries. After being released from the E.R. I went to
The commissioner's at the detention center(Maryland)and filed charges
Against my ex-boyfriend for DV. He went to trial in March and was found
Guilty, sentenced to 18 months 9 suspended. However trust me, that
Trial should be declared a mistrial. He filed for a appeal, which will be
Held de novo, in Circuit Court on July 17th. In the interim, June 6th
2007, I have discovered from being assaulted again, by a friend of his
That was there that morning, 1:37am; that in fact he was the one who
Broke my nose. I have been back to court every week for 5 weeks trying to
Get him served with a peace order. When I tried to tell the state's
Attorneys office about this; I was met with threats of being charged with
The crime of perjury. Although there were witnesses to his confession.
They are not seeing the seriousness of a person who is innocent serving
Time, and then potentially getting violated(probation). How can I fix
This? My ex- has served 3 months on his sentence, and has been called
To District Court 3 times for a Fugitive Warrant Detainer from NJ. Twice
Nolle Pros, and has a third hearing on July 18th 2007, I also went to
The NJ Bergen County Probation, to try to get them to drop the
Violation of Probation Hearing. I was told to take back his appeal bond, the
Reason the second FW was nolle prosed. To let him go to trial, get
Acquitted, and then they would remove the detainer and he would not have to
Go to NJ. However, two days ago I was contacted by the Bergen County PO
Supervisor Ms.Gammon, who told me to take the appeal bond back in the
First place, and follow through with the plan. Now she said if he goes
To trial and wins, she will seek full revo. and push for the full 3 to
5 years state time, that his third degree charge entails. But, if he
Takes the a plea, which she knew about before his attorney, he would get
Time served, and 3 yrs probation to run concurrent with his NJ
Probation sentence. Does that sound correct to you? To get to my question. On
What grounds can they hold a person in jail on a detainer when there is
No Rendition Warrant from either Governor in either state. As, you
Know, the Interstate, nor the Intrastate Detainer Act doesn't apply to
Detainers based on Probation Violations. So how are they detaining him?
Besides this, his paperwork with stated charges are not correct. They
List him as on "Parole and thought to be found in this state". Ids there
Any way I can get the court to release him until the proper paperwork
Is in order? Thank you for your time."

As, you know, the Interstate, nor the Intrastate Detainer Act doesn't apply to detainers based on Probation Violations. So how are they detaining him??Hello P:

No, I don't know ALL the criminal laws of every state.

Additionally, you ask your question as though you are surprised that they do this stuff. Huh? You shouldn't be.

Plus, I wouldn't be asking that question, because if somebody tells you that THEY CAN'T DO THAT, so what? You already KNOW they can't do that. The question you should be asking is what should you DO about it.

Now THAT is an answer I have. Hire a lawyer for him.

excon