Legal Question in Criminal Law in New Jersey

ISP Violations and New Charges

My friend has 2 prior 3rd degree convictions for retail theft. Items were valued over $1000. He currenly had 9 months left on his probation according to him, but was not eligible for parole and missed his prelease hearing for ISP which in fact was about 4 days away --because he was arrested in Pennsylvania. He know faces a felony charge because he is now being charged in Pennsylvania for a 3rd retail theft charge while on NJ-ISP and maybe charged for absconding / escape by ISP. (He was not trying to escape from the program).

He currently is in PA County jail waiting for extradition to NJ as he signed a waiver during his entry to the ISP program, which states that he can be charged with ''escape''.

My question is how long does extradition take after he has signed an unsecure bond with PA for his current charges and since he is techniqually out on Bail from PA but currently being held on the NJ detainer? I think it was a mistake to sign a unsecure bond, seems pointless to me.

Can they really charge him with escape although he was about an hour away (and was charge with another 3rd degree offense? Or is it possible that he may be returned to ''finish'' the 9 months plus sanctions and will he get time served?


Asked on 12/22/08, 11:55 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: ISP Violations and New Charges

First, he needs a good attorney ASAP. Someone needs to get on top of this case and get him back to NJ and help him deal with this situation. Second, it is fairly easy to get charged with escape. Until I look at the indictment and GJ transcript, I can't really give you my opinion on the charges. What really needs to be done is that an attorney needs to deal with this case ASAP as I said before. Let him or her worry about the charges, etc.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 12/22/08, 9:38 pm


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