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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
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoFor as long as the process takes for the extraditing state and the holding state to satisfy the legal process of extradition. If you are fighting extradition, it will take that much longer. If you feel that you are being held an unusually lengthy time, file a Habeus Corpus writ.
Wiki User
∙ 13y agoIf the holding state has notified the extraditing state and the process has begun, it can take as long as it takes. There is no statutory time period in which the process must be completed. There are specific legal steps that must be taken by both states to legally move you and it is not necessarily a quick process. If you are still being held for extradition after 30 days I suggest you file a writ of Habeus Corpus to determine the status of the action.
The law that governs is that which has been adopted generally by 48 of the 50 states and is known as the Uniform Criminal Extradition Act. That act requires that the demanding state take custody within 30 days absent some extraordinary circumstance. The manner in which to contest a detention beyond 30 days is as stated above, filing for a writ of habeus corpus. See the related link below for more information.
Wiki User
∙ 14y agoExtradition is the process between two states to lawfully remove the wanted from the capturing state back to the state that wants to prosecute him. It is a somewhat lengthy and time-consuming legal process and cannot be accomplished 'overnight.' If you are still held in custody awaiting extraditon after 90 days I would file a Writ of Habeus Corpus to find out where the process stands.
Wiki User
∙ 12y agoBeing held ONLY for extradition: It will depend on the laws of the state that has arrested you as to how long they will hold you while awaiting the required administrative (i.e.: legal) process of both their state and the state which wants you. If the time period is exceeded, presenting a Writ of Habeus Corpus should be sufficient to get you released - UNLESS - they intend to prosecute you for a crime you committed in their state.
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How long does it take Florida to extradite?
It takes as long as the process takes. If the detainee waived extradition it could be done relatively quickly. If he didn't waive, it will take as long as the playing out of the legal process and paperwork takes.
How long does Michigan have to extradite someone from indiana to Michigan?
If you waive extradition, not long at all, perhaps within a week to ten days. If you fight extradition and make MI go through all the formal paperwork that is required, it could take several weeks for the administrative process to take place. If you are still incarcerated after 30 days file a writ of Habeus Corpus.
How long can someone be held after sentence for extradition from Florida to Massachusetts?
If the person being held does not "waive" extradition it will take some timebecause the detaining state has to hold an extradition hearing to satisfy their law that the extradition is being done 'legally.' There ARE legal procedures that must be followed and adhered to (i.e.- filing of papers - court hearing - arranging transportation, etc, etc) A 'reasonable' length of time by the jurisdiction issuing the warrant is expected. However it will seldom be as short as 24 hours, or even a week, but it should not take up to months either. If the delay seems unreasonably long a writ demanding action, or release can be filed with the detaining jurisdiction. If the detainee "waives" extradition the process proceeds much more quickly.
How long can Oklahoma hold your boyfriend on a felony charge before having to release him for extradition to Colorado?
If the person being held does not "waive" extradition it will take longer because of the detaining state having to hold an extradition hearing to satisfy their law that the extradition is being done 'legally.' There ARE legal pprocedures that must be followed and adhered to (i.e.- filing of papers - court hearing - arranging transportation, etc, etc) A 'reasonable' length of time by the jurisdiction issuing the warrant is expected. However it will seldom be as short as 24 hours, or even a week, but it should not take up to months either. If the delay seems unreasonably long a writ demanding action, or release can be filed with the detaining jurisdiction. If the detainee 'waives' extradition the process proceeds more quickly.
How long can Georgia hold for extradition to North Carolina?
10 days depending on wether or not you chose to sign the extradition waiver.North Carolina came and got me on the 10th day.If you don't sign,they can take as long as they want.
What happens if Louisiana doesn't pick up a prisoner for extradition in the time given?
WHAT "time given?" (???) If the person being held does not "waive" extradition it will take longer because of the detaining state having to hold an extradition hearing to satisfy their law that the extradition is being done 'legally.' There ARE legal pprocedures that must be followed and adhered to (i.e.- filing of papers - court hearing - arranging transportation, etc, etc.) A 'reasonable' length of time by the jurisdiction issuing the warrant is expected. However, it will seldom be as short as 24 hours, or maybe even a week, but it should not take up to months either. If the delay seems unreasonably long ,a writ demanding action, or release can be filed with the detaining jurisdiction.
How long can they hold you after you are arrested with a governors warrant?
Everywhere is different. I live in mich. And the law here is you have to be arraigned within 72 hours or your charges get dropped but I was in the state of Georgia and they didn't get to see a judge but every 93days so every state is differentAnother View: The statement in the first answer is in regards to the requirement that you be presented to court to be officially advised of the charges against you and why you are being held and has nothing to do with the extradition process. EVERYBODY gets the 72-hour presentment.If the state that wants you returned has confirmed that they WILL extradite you it will take as long as the administrative process takes to legally remove you from one state to the other. You can speed this up by waiving extradition and indicating that you will not fight the extradition. If you do not waive extradition the time will be longer. You are not eligible for bail while being held for extradition. If you haven't heard something within 30 days file a writ of Habeus Corpus.
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.
Does Idaho have a time limit for extraditing a person who is arrested in Texas and being held on a felony failure to appear?
If the person being held does not "waive" extradition it will take longer because of the detaining state having to hold an extradition hearing to satisfy their law that the extradition is being done 'legally.' There ARE legal pprocedures that must be followed and adhered to (i.e.- filing of papers - court hearing - arranging transportation, etc, etc) A 'reasonable' length of time by the jurisdiction issuing the warrant is expected. However it will seldom be as short as 24 hours, or even a week, but it should not take up to months either. If the delay seems unreasonably long a writ demanding action, or release can be filed with the detaining jurisdiction.
Im currently in Germany and an American fugitive and would like to surrender and would like to know how long the extradition process ids if I contest it and will the time pending extradition be credi?
fly to America and take it like a man just
How long will Missouri hold you in jail awaiting extradition on a misdemeanor warrant?
If the state that wants you has confirmed to OH that they WILL extradite then you can be held as long as the law allows and a judge permits. If you waive extradition it will probably go fairly quickly. If you fight extradition, you can challenge your jailing by questioning the authoority of the Governor's Warrant. You may also file a petition for a writ of habeas corpus with the court. It may or may not do any good.
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.
