How long after arrest and held for extradition can you file a writ of habeus corpus?
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.
Which countries have no extradition treaties with India?
Below is copy paste from CBI;s site. Extradition Treaties Top India has signed Extradition Treaties, which are in force as on 2003-2008
1. Belgium (1958) 2. Bhutan (1997) 3. Canada (1987) 4. Hong Kong (1997) 5. Nepal (old Treaty) (1963) 6. Netherlands (1989) 7. Russia (2000) 8. Switzerland (1996) 9. UAE (2000) 10. U.K. (1993) 11. USA (1999) 12. Uzbekistan (2002) 13. Spain (2003) 14. Mongolia (2004) 15. Turkey (2003) 16. Germany (2004) 17. Tunisia (2004) 18. Oman (2005) 19. France (2005) 20. Poland (2005) 21. Korea (ROK) (2004) 22. Bahrain (2005) 23. Bulgaria (2006) 24. Ukraine (2006) 25. South Africa (2005) 26. Belarus (2008) 27. Kuwait (2007) 28. Mauritius (2008) Extradition Arrangements Top India has Extradition arrangements with following countries.
1. Australia (1971) 2. Fiji (1979) 3. Itlay (2003) 4. Papua New Guinea (1978) 5. Singapore (1972) 6. Sri Lanka (1978) 7. Sweden (1963) 8. Tanzania (1966) 9. Thailand (1982) 10. Portugal (2002)
Why do some countres not extradite to the US?
Our countries might not grant diplomatic recogniztion to one another. Also, if it is a death penalty case, some countries do not believe in the death penalty and will refuse to extradite someone to the US unless they receive diplomatic assurance that the death penalty will not be asked for.
Would Colorado extradite someone to Tennessee for a marijuana charge?
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.
Will nc extradite from MD for violation of probation?
Much probably depends upon what your original offense was (i.e.- was it a felony crime?), and how serious the VOP was, and how badly they want you back.
Is it true that Arizona doesn't have extradition to other states or is it case by case?
As with the other 49 states within the United States of America, Arizona tends to respect, and cooperate with, other states on extradition requests as long as certain legal standards are satisfactorily met. For Arizona and the other states recognize that extradition tends to be requested for the serious, felonycharges. And Arizona and the other states may not consider extradition for misdemeanors depending on the particular charges and depending on whether legal standards are met.
Is an Idaho Only or Extradite Idaho Only bench warrant really what it sounds like?
My "friend" has a bench warrant in Idaho for a felony probation violation. On the state issued, mailed copy of the warrant paperwork, it reads "Idaho Only" or "Extradite Idaho Only" (something to that effect, my apologies, I only caught a glimpse of it). Does this really mean that if she moves to a southern state (Mississippi, Alabama or Georgia) that even if she got stopped for a traffic violation or somehow attracted the attention of the police, that Idaho wouldn't waste the money to extradite her from there back? And also, will she be able to get a driver's license issued in her new resident state?
What are the extradition limits on a class c felony?
You can be extradited on a class C felony anywhere in the United States. That's why you are not allowed a passport
Once extradition is processed to Kentucky for child support, often you are given the option of doing jail time or you make a purge pay to get released from jail. The exact actions that will take place depends on your circumstances.
Will Idaho extradite more than 500 miles for felony probation violation on DUI?
i have 2 d.u.i,s in colorado and they didnt come for me..... i am currently in m.i were i have a third felony d.u.i and on a tether and i am thinking of skating.
Will Nevada extradite for felony probation violation in Oregon?
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 or not, there are simply too many variables. It may depend on the offense and the seriousness of it and/or how badly they want you returned - most states WILLextradite for felony offenses.
One factor (for felony probation) is whether you owe significant fines on the case
still. $$$ is a MAJOR determining factor....
Your "friend" is in BIG trouble. Felon in Possession of a Firearm is a FEDERAL charge and if he is a fugitive from Oregon, both Oregon AND the feds want him, and there is very little doubt that he is in the interstate criminal system.
CAUTION TO YOU: YOU too can become involved if you knowingly harbor a fugitive felon, and/or it can be proven that you know of his whereabouts and failed to inform law enforcement.
There's no way of answering this. If you were on probation for a felony offense and it was revoked and they want to send you to jail, then your violation must have been pretty serious. As far as Indiana is concerned, if you SHOULD be in jail but aren't, that means that you are considered to be a fugitve (maybe even an escapee) wanted for a felony crime. If IN entered your name into the interstate computer system I would say that the odds are probably pretty good that you would be extradited back to serve your sentence.
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added: all i know is one of my friends was on probation in Massachusetts and he moved back to Oklahoma. well mean while he got arrested for a charge and Massachusetts had 10 days to get him but they said they dropped the warrant. I've heard its alot of money for the states to travel that distance. and they don't bother but it also depends on the charges. if it was violent maybe they would but you never know
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Response to the added information: It is true that sometimes budgetary problems and expenses may restrict the decision on whether to carry out an extradition or not - HOWEVER - the question is ALWAYS in doubt and I wouldn't bet my freedom on whether the state wants to 'get off the dime' or not. Keep in mind, altho they chose not to travel that far for an extradition that time, and they may have dropped the warrant, but I'll bet they did not pardon or dismiss his violation. If he ever travels back to Indiana, or a more nearby state, he may not be so lucky the next time.
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.
Live your life and thank what ever High Power to whom you subscribe for your fortunate situation.
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To the above answer I would add only this advice. Don't ever think of going back to Washington!
Will Indiana go extradite a prisoner from Florida to Indiana on a child support charge?
yes, however in this economy, they are looking closely as to whether they can afford to.
A Different Perspective
Very unlikely since no one can benefit from it and it would cost a lot of money.
Are traffic offences enough to extradited from ca to NJ?
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. That being said...... Unless it's a felony DUI perhaps involving a manslaughter charge, it is doubtful they would. Consider this though - if you have not appeared in court on traffic charges your drivers license is probably either suspended or revoked at this time. If/when you eventually get stopped you're probably going to be arrested on that offense.
How long can a county jail in Texas hold an inmate waiting extradition?
As far as I'm aware there are no statutory timeframes for the process of extradition. As long as the legal process between the two states has begun and is progressing, then it takes as long as it takes. More so, especially if the extradition is being "fought' by the fugitive. The lesson to be learned? When there is a warrant for you turn yourself in and then you won't be spending weeks in someone else's jail.
Will Israel extradite a Jew to the US?
Yes. Israel has an extradition treaty with the US and has had it since 1963. As for whether Israel will extradite any particular Israeli citizen depends on the arguments made by the US government (as is typical of other extradition treaties).
What are the extradition laws Texas extradition If you have a warrant in another county in Texas?
One county within the same state will honor another county's arrest warrant and hold you until they come to transport you back to the county that wants you. The actual legal act defined as "extradition" doesn't come into play in INTRAstate removals. Extradition only applies to INTERstate removals.
If you have missed court in Arizona and you live in wyoming will they extradite you to Arizona?
If there is a warrant issued for your arrest regarding the missed appearance, yes.
If they have evidence that he was present then yes.
If he was not present and can prove it then he should get himself an attorney as fast as possible.
If there is a concrete alibi then the state needs to be informed of this and will not want to waste its time extraditing him.
What are the extradition laws from New Jersey to New York?
All US states and territories honor each other's requests for extradition. There are no 'sanctuary' states.
Does wy extradite for misdemeanors?
In this day and age of budget crunches, it may seem unlikely - BUT - never say "never!" 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 and crimes of violence.