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How long does someone have to sit in jail before another state comes and gets that person? After they have put a hold on them? My friends husband has sat in jail in MI for 16 days and the night before he was to be let out on a personal recognance bond they put a hold on him. Do they have a certain amount of time or just when they feel like coming to get him?

2007-08-18 12:15:46 · 5 answers · asked by twillett33 1 in Politics & Government Law Enforcement & Police

5 answers

I handle fugitive warrants in court on a daily basis. We can hold someone pending extradition for 30 days or longer, after a hearing. We need very little testimony and evidence to have someone extradited.

HOWEVER, a lot of lazy states like Florida and Texas don't come to NY to pick up their fugitives. If that is the case, we dismiss the fugitive warrant until the guy is stopped for speeding or whatnot again and the process is repeated, unless the state requesting extradition kills their fugitive warrant.

But a defendant always has the right to waive extradition and he'll be removed to the requesting state....once the LEO's from that state pick him up. If they don't, the prisoner is released. Generally, its 30 days from waiver of extradition or 30 days from hearing. In the meantime, we can hold fugitives without bail.

2007-08-18 13:33:48 · answer #1 · answered by LawGunGuy 3 · 1 0

Extradition is very expensive and they can hold a person anywhere from 5 days to 30 days. They normally do not extradite unless the person has committed a serious crime or numerous small crimes. What is he being charged with, if you don't mind my asking? They extradite when they really want that person in jail and normally do not for petty crimes. How far away is the other state? That is another factor in determining if they will do it or not. Most of the waiting time is actually the other state deciding if it should be done and if it is an important enough crime. Good Luck I hope this helped!!!

2007-08-18 12:24:45 · answer #2 · answered by samantha 3 · 1 1

An acquaintance who left a state before sentencing for a felony (nonviolent) and fled to another distant state was found by bounty enforcers, taken into custody, charged by local LEO, and was incarcerated in that state's facility.
Seen by a judge, they waived extradition and returned to the prison.
Less than two hours later, a guard came and told them to 'get (their) stuff together' and was released on request from the state in which the crime was committed.
Still looking for a reason why this was done(?)
They are not planning on returning to the state where the crime took place.

2015-06-24 04:46:24 · answer #3 · answered by Steve 2 · 0 0

Normally 30 days. It depends on the warrant. Does it say in state only. Does it say bordering states only. Basically if you have a warrant. Get far away from the state. Unless its a heavy charge. Example Armed Robbery, Rape, Murder. If you talking a felony possession charge. There not coming very far to get you. Misdemeanor Usually Instate only.

2016-06-02 20:17:18 · answer #4 · answered by sigprn1 3 · 0 0

I have seen it take as long as a month, but under normal circumstances, it is done quicker

2007-08-18 12:24:44 · answer #5 · answered by Anonymous · 0 0

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