I know someone who is in jail in North Carolina on a warrant for Missouri. He had a hearing for his extradition back to Missouri the judge says that Missouri has till friday to issue a governor's warrant or he will be let go. Missouri was asking for another 60 days and the judge gave them less then 4. So what is the process for a governors warrant ? How long does it take to get one?? Thank you in advance for any help...
2007-03-19 16:23:42 · 2 answers · asked by Tammy W 1 in Politics & Government ➔ Law & Ethics
A Governors warrant is necessary when a defendant is arrested outside the state of jurisdiction and the defendant will not waive his right to an extradition hearing. This defendant decided not to waive his right and has compelled the state seeking his arrest to have the governor send a warrant to North Carolina compelling his extradition to that state. The constitution of the United States compells all states to recognize the acts and laws of another state. Therefore, North Carolina police acted properly when they arrested him on a warrant from another state. The judge in this case, did the correct legal thing by telling the Governor of your state he had minimal time. North Carolina cannot legally hold him for an indefinite period of time. He has the right to a speedy trial to determine quilt or innocence and sitting in jail in another state for months does not mee that legal requirement. I am sure this process will be quick and he will probally be shipped soon. This is a very normal legal process that takes place all the time, because Americans are very mobile now and will travel to other states quite often.
2007-03-19 17:04:37 · answer #1 · answered by The Law 2 · 1⤊ 0⤋
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2016-04-28 21:00:17 · answer #2 · answered by Moses 3 · 0⤊ 0⤋