If you are arrested in NJ for outstanding warrants in PA they have 10 days to give you an extradition hearing or they have to let you go (according to a lawyer I spoke with)
1. Is that days or business days
2. If you dont get the hearing how do you go about getting
released
3. What happens to the charges in PA?
2007-06-27 11:52:31 · 4 answers · asked by peacesells21 3 in Politics & Government ➔ Law Enforcement & Police
Oh there are no charges in New Jersey he is just being held because of PA.
2007-06-27 11:55:31 · update #1
I think maybe I explained this wrong. The law says New Jersey has 10 days to give him an extradition hearing. But if they dont do it in 10 days they have to release him. Tomorrow is his 10th day and when I called the prosecutors office today to ask what time the hearing was they said they have nothing in their system on him. So now I dont know how to get him released for them not meeting the timeline the lawyer will do it but its so much money. I thought maybe we could file the paper ourselves or something. Plus I dont know once they let him out will the charges still be pending in pa. plus I dont know if they will say its 10 business days or 10 calendar days
2007-06-27 13:30:07 · update #2
When you are held on a warrant from another jurisdiction, you are held as a "Fugitive" and there is no bond pending extradition hearings or waiver. Depends on the charge as far as the complexity of the extradition.
10 days would be calender days.... and believe me, they will have it filed and ready to go sooner than that.
Go back and ask the attorney these things... especially if he is fighting the extradition.
Chances of winning a fight of extradition from state to state are slim, except in death penalty cases. Believe me, he is going back to face the music.
2007-06-27 12:15:15 · answer #1 · answered by Dog Lover 7 · 0⤊ 0⤋
Pennsylvania Extradition Laws
2016-11-08 00:21:41 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Article 4, Section 2, Paragraph 2 reads: A Person charge in any State with Treason, Felony, or other Crime, who shall flee form Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
The laws of NJ are not relevant. You MUST be surrendered to PA authorities unless PA declines. Even if you are released, the PA warrant is valid until PA says it is not.
2007-06-27 14:27:48 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
The US constitution mandates extradition. The ONLY way an attorney in NJ could convince the NJ government not to extradite you would be to prove that you are not the person that PA is charging. If you are the one they are looking for, NJ is required to hand you over. PA courts then determine whether or not you are guilty.
2007-06-27 13:22:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋