0
How long after arrest and held for extradition can you file a writ of habeus corpus?
Wiki User
∙ 12y ago
You could file it immediately if you wish, nothing is stopping you.
But the court will probably not entertain it until a 'reasonable' time has passed for the extraditing state to process the paperwork and initiate the legal process to have you returned.
You could probably speed up the process by waiving the process of extradition.
If you're currently being held awaiting extradition, ask to consult with a public defender for advice.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
How long is the process to request extradition?
A Governor's Warrant (also known as Extradition) is issued when the apprehending state officially notifies the "wanting" state of the fugitive's arrest. It is both a legal and an administrative process, and how long it takes is not governed by statute. It can take as long as it takes. If the fugitive is still awaiting extradition in jail after 60 - 90 days, they should file a Writ of Habeus Corpus.
How long does NH have to hold you for extradition?
As long as the state that wants you has indicated that they WILL extradite you, it can take as long as it takes. If you are still being held after 30 days, you should file a Writ of Habeus Corpus to determine the status of the proceedings.
What happens if a 10 day extradition that has been served on an accused runs out of time?
If this is in the US and they did not come get you. You file a Habeas Corpus demanding your release and a motion for the dismissal of the case against you on the grounds that the victim has surely abandoned the case. The evidence being that they did not retrieve you from the place of incarceration. The Habeas Corpus will contain these same bodies of evidence.Clarification of the above answer: You would file a Writ of Habeus Corpus for your release with the jurisdiction that is holding you.As for filing any further actions with the court regarding "abandoned" charges, you would have to file them in the state of the origin or the charges, NOT with the state that held you for extradition. The state that held you for extradition has no jurisdiction to dismiss the criminal charges of another state.
What can you do if you are locked up with a huge bond for 60 days without being indicted?
File a Writ of Habeus Corpus.
How long can Texas prisons hold an inmate for extradition after his release date?
It there is an active extradition warrant for him he can be held until the legal system accomplishes the legal steps to remove him from the holding state to the extraditing state. It is not an overnight process. If you are held more than 60-90 days file a Writ of Habeus Corpus to determine the status of the process.
How long can a state hold you if they have nothing on you and the state that does has not come to get you yet?
It sounds like you're describing being "Held For Extradition." If you feel you have been held too long and the extraditing state hasn't acted, then ask for an attorney/public defender and file a "Writ of Habeus Corpus."
How long does it take to waive right for extradition?
How long is "long?" If you have waived extraditon AND the wanting state is in the process of extraditing you, then it will tak as long as the process takes - UNLESS - it becomes long enough to file a writ of Habeus Corpus. See: http://en.wikipedia.org/wiki/Habeas_corpus_in_the_United_States
How long can lousaiana hold someone for extradition to Oregon?
Once the extraditing state has indicated that they WILL extradite you then the extradition process has been started. It is not immediate nor is it quick, there are many administrative and legal steps in removing someone from one state another for prosecution that must be taken to satisfy the law. If one is still incarcertaed awaiting removel after 30 days, file a Writ of Habeus Corpus to detemine the status of your extradition.
What is the extradition time limit to transfer from elko nv to clark county nv according to the sheriffs dept. there is no extradition time limit?
That is correct. As long as the legal process has been set in motion, "it takes, as long as it takes." That being said, if you are still incarcerated after 30-45 days file a Writ of Habeus Corpus to see where the process stands. ALSO - the term "extradition" does not apply to in-state holds. Extradition only applies to inter-state or inter-nation transfers.
You signed extradition papers for Ct and was not picked up?
What is the timeframe since you signed the extradition papers? Extradition is not an immediate process (i.e.: it does not happen within 24-48 hours). Certain legal steps have to be taken between the states to 'lawfully' extradite you back to your home state. Once the process has been set in motion there is no statutory time limit, and it can take, as long as it takes. If you are held awaiting extradition for more than 90 days, file a writ of Habeus Corpus.
How long can California hold someone for extradition?
California is a state that is an extraditing state. The state of California needs the demand from the state requesting extradition, the governors warrant, and probable cause. This process can take 1-3 months.
Who file habeas corpus?
If you are being held in jail without being charged, or any movement taking place on yoru case, file a Writ of Habeus Corpus with the court which will force the court to review your case and your circumstances, to see what the delay is.
