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Extradition
Individuals that have accused of committing a crime often flee the jurisdiction where it took place to avoid prosecution. Extradition is the process were someone is returned to the jurisdiction to face trial and possible punishment.
935 Questions
What is the time limit for PA to detain a person for extradition?
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.
Days. If after that they havent gotten you, you are to be released
Another View: If the person is being held for extradition. once the extraditing state has confirmed that they will extradite you, the process has begun and "it takes as long as it takes." It is nowhere near as easy as simply driving over the state line and picking them up and hauling them back. 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 30-45 days, file a Writ of Habeus Corpus to determine where the process stands.
If they do (keep picking on you) and if you can prove it in a court of law, contact a good civil rights attorney. You may have a case. Do what you can to get the Colorado warrant dismissed for "failure to prosecute". They know where you are and refuse to come get you. That brings the whole issue of "speedy trial" to the forefront.
You won't have any 'say' in the matter. TN will notify IN they have you in custody and if IN says they want you back badly enough, THEY will initiate extradition proceedings.
All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - It is impossible to know with certainty whether a particular state will choose to extradite you for a particular offense, or not, there are simply too many variables. It may depend, in part, on the offense and the seriousness of it, and/or how badly they want you returned - most states WILL extradite for felony offenses.
No. Extradition only applies to transporting individuals with criminal arrest warrants.
Liability refers to a civil suit. If you miss a court date, the court will issue a civil penalty (such as dismissing your case or ruling against you), not put out an arrest warrant.
How long can a state hold you waiting on another state to come?
Even though I have been told by an attorney they have 90 days..its however long they feel like it. My bf is on his 78 day of the 90 days and they just gave the extraditing state another 3 weeks which goes over the 90 days to come get him.
Added: 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 30-45 days file a Writ of Habeus Corpus to determine where the process stands.
Will Hernado County extradite for a misdemeanor?
Possibly, depending on the category of the misdemeanor, the distance where you are currently located, their financial situation, and your prior record.
Law enforcement in the district holding the active warrant is responsible for fees associated with extraditing you from the location where you've been picked up. When they are informed that you are in custody, the appropriate official will examine the totality of the case and consider whether or not it is a good use of their resources. If it is a minor misdemeanor and you are halfway across the country, they aren't going to pay to have you sent back. However, if it is a more serious misdemeanor and you are 20 miles away, they will.
If you have not committed a crime in the state you live in, then no you can't be charged twice of the same offense. That would be double jepordy, and is against the law. Your home state CAN hold you until the state you committed the crime in either extradites you or drops the charges
Added: The above answer seems unclear.
If you committed a crime in state "A" and then committed the same crime in state "B" then BOTH states can charge you seperately, because you committed a separate crime in each state.
If you committed a crime only in state "A" but then fled to state "B," state "B" cannot try you for a crime you committed in another state. HOWEVER they can hold you in jail until state "A" comes for you to return you to state "A" for prosecution .
How long can KY hold for Extradition to il before they have to let you go?
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 currently stands.
How long before your let go in Kansas if county that issued warrant wont extradite?
Questioner is confused. Extradition only applies when retrieving prisoners from state to state. Extradition does NOT apply to in-state warrants. Since the same set of laws apply all over the state, he can be held under a valid in-state warrant with no further legal action required by the apprehending county. Are you sure that you're not being held for action on local charges? If the county that wants you hasn't sent someone to pick you up yet, file a Writ of Habeus Corpus.
Does probation time stop when a warrant is issued?
If a warrant is issued for a violation of probation then the clock stops until probation is either reinstated or revoked in open court. If it is reinstated the amount of time between the violation and reinstatement will be added to the original probation period. Say you are on probation for 3 years and you are 16 months into your term and you violate the terms and ran for 4 months you would still have the 16 months remaining the 4 months would be what they call "dead time".
Will Oregon extradite for 2 class a misdemeanors?
All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - It is impossible to know with certainty whether a particular state will choose to extradite you for a particular offense, or not, there are simply too many variables. It may depend, in part, on the offense and the seriousness of it, and/or how badly they want you returned - most states WILL extradite for felony offenses.
Does UK have a extradition order with Japan?
No such treaty exists between UK-Japan. Japan has extradition treaties with two countries, USA and the Republic of Korea (in effect as of 2006).
Is Utah a non-extraditable warrant state?
No. Utah and the other 49 states within the United States of America tend to respect, and cooperate with, each other's extradition requests. For such requests tend to be made over the serious, felony charges and regarding the more heinous crimes. But neither Utah nor any one of the other states makes decisions once the involvement of a country other than the U.S. is established. For the involvement of another country always calls for the presence of the federal government as decisionmaker.
Child support may be ordered any time there is an absent parent. Alimony or maintenance is almost always temporary - until the obligee can become self-sufficient.
Added: You can't have it both ways. You can speak with your church or religious leader about the possibility of the marriage being annulled in the eyes of the church, but (especially since there were children of the marriage) you cannot have it ruled, as a matter of law, that the marriage never occurred in the first place. The most you can hope for civilly is a divorce. HOWEVER - as the father of the children (either natural or adoptive), the father will be held responsible for contributing a certain amount to the support of the child(ren). Any alimony for the spouse would become a subject to be settled in the divorce action.
Will there be an outstanding warrant in the state you flee from?
If you flee from arrest and/or prosecution you become a FUGITIVE. You will most likely have a warrant on file in the state you fled from, and could even have an interstate warrant on file if your state wishes to extradite you back.
It will generally take 6-18 months for the trial to occurr, but based on the offense, the state generally has 5-10 year statute of limitations in which to try you.
President Pratibha Patil recently visited Chile Brazil and Mexico During her trip with which of the following countries did India sign an extradition treaty?
Is there a state that won't extradite to Pennsylvania?
No, as long as legal standards are satisfactorily met. Pennsylvania and the other 49 states within the United States of America tend to respect, and cooperate with, each other on extradition requests. For extradition tends to be requested for the serious, felony charges. But neither Pennsylvania nor the other 49 states will take a decisionmaking role whenever a country other than the U.S. becomes involved. For involvement of another country always falls within the scope of the responsibilities of the federal government.
How can you fight extradition to Tennessee from the state of Alabama for probation violation?
Attempt to find some legal ground for a reason to fight the extradition process. You will not be eligible for release while fighting it and will only spend a longer time in the Ala jail than you would if you didn't fight it.
Have you ever heard the expression, "Trying to pospone the inevitable?"
