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What is the time limit for PA to detain a person for extradition?
Wiki User
∙ 13y ago
Well i think they can only hold a person for 30 days. And if that other state has not came to get you then the jail that is holding you will let you go.
Additional: CAUTION: Although there may be caselaw on this topic, after a quickie research I could find no statutory mention of a time limit for holding a prisoner held on a confirmed extradtion to another state. The only 30-day mention I could find was that the defendant has a 30 day time limit in which they may CHALLENGE the extradition by filing a Writ of Habeus Corpus.
Wiki User
∙ 13y ago
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How long can police hold a person in Juneau county jail Wisconsin without charges?
What are you being "held" for? If you are going to be charged and arraigned the time limit is governed by constitutional law. If you are being helf for extradition, then there is no statutory time limit.... as long as the extraditing state is in the process of removing you.
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.
Does your 30 day time limit for extradition start before or after you sign the papers for it?
There is no "minimum time limit for extradition." If the person is being held for extradition - once the process has begun it takes as long as it takes. It is nowhere near as easy as simply driving over the state line and picking them up. A formal inter-state legal and administrative process must be begun and followed in order to legally take custody of the defendant and remove them from one state to another. If you haven't heard anything in 30 days file a Writ of Habeus Corpus to determine where the process stands.
How long does Florida have on a warrant to extradite your husband from Georgia where he is being held in jail and where you live?
There is no statutory time limit on the extradition process. Once notified and the legal process of extradition is begun, and is proceeding, it takes as long as it takes.
How long can Alabama hold you for extradition to Florida?
There is no statutory time limit on this period of time. It can take, as long as it takes for the administrative and legal processes necessary to move a prisoner from state.
Does Switzerland extradite?
Extradition Proceedings in SwitzerlandSearch and ArrestAs rule, extradition proceedings in Switzerland start with a foreign request for search by an Interpol National Bureau or a Ministry of Justice. The Federal Office of Justice (FOJ, Section on Extradition) examines whether the request contains all the necessary information. If the place of abode in Switzerland is known, the FOJ orders the competent police force to arrest the wanted person. If not, the FOJ puts the fugitive's name into the computerized search system "RIPOL" for arrest.The police arrest the wanted person and immediately inform the FOJ. The police also seize evidence and goods acquired as a result of the offence when making the arrest.Simplified proceedings take place if the arrested person declares at the hearing that he agrees to be immediately extradited. The FOJ is informed without delay regarding the fugitive's consent and said office may - based on the consent - grant extradition and order the surrender. In the best case such a simplified extradition may be executed within hours.Handling of the extradition requestIf the person pursued refuses to be extradited, the FOJ will issue an extradition warrant. At the same time this office invites the requesting State to submit a formal request for extradition. As a rule the requesting State has to file the formal extradition request within 18 days at the FOJ. This time-limit may be extended up to 40 days.The cantonal investigating judge or the cantonal police formally present the extradition warrant issued by the FOJ to the person pursued and draw up the minutes of the hearing (procès-verbal). The person pursued has the right to communicate with the consular representative of his native country. He may file an appeal against the Swiss extradition warrant at the Federal Criminal Court; the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court. The person pursued may also file, at any time, a request for release.If the formal extradition request is received by the FOJ in due time, the detention awaiting extradition is extended until the end of the extradition proceedings. If the FOJ has decided to enter into the case, it sends the extradition request to the competent canton for the hearing. The cantonal authority hears the person pursued regarding the extradition request, explains the extradition procedure and draws up the minutes of the hearing (procès-verbal).Based on this procès-verbal and a possible statement by the fugitive's counsel, the FOJ may render the extradition decision in the first instance. The FOJ examines whether the formal and material conditions of an extradition are fulfilled. It namely clarifies if the acts attributed to the person pursued in the extradition request would also be punishable under Swiss law. Questions of guilt and facts are not examined in the extradition procedure, i.e., the FOJ does not examine whether the person pursued has really committed the offence.After that the FOJ formally presents its extradition decision to the person pursued. If he does not declare within five days that he will file an appeal, then the extradition is executed.The person pursued may file an appeal at the Federal Criminal Court within 30 days upon service of the extradition decision. Said Court decides the appeal after the FOJ has submitted its written position. In particularly important cases, the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court.
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 many time can a person be in the Olympics?
There is no limit, as long as the person can pass qualifying conditions.
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.
How many times can a person get married and divorced in the state of Missouri?
No. But you can be married to only one person at a time.
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.
