My brother was pulled over for speeding last night and he has a bench warrant for him in Kansas. He was pulled over in Indiana. They arrested him pending whether or not Kansas for sure wants him. He has a misdemeanor charge and the warrant was failing to pay a 187 dollar fine and not reporting for his probation. He is sitting in the local jail right now...will Kansas extradite hime back to Kansas?
2007-08-26 08:12:05 · 5 answers · asked by tangent1 1 in Politics & Government ➔ Law Enforcement & Police
i found a letter from his attorney that stated that if he was picked up in kansas he would definaltey be brought in but that if he is apprehended in another state other than kansas that they will not extradite on a misdemeanor charge..so not sure what all this means now...
2007-08-26 09:35:23 · update #1
The warrant is from Atchison, Kansas and he is sitting in Danville, Indiana (Hendricks County).
I really dont think the actual people that make this decision are even in on the weekend so im thinking maybe they are making him sweat for a little.
2007-08-26 11:12:49 · update #2
For the most part, most counties (and it is a county by county decision) do not go outside of their own state for misdemeanors. Some border counties may go just over the state line but for most the state line is the limit for misdemeanors. In larger states, some counties will only go to some counties within the state.
Not knowing which county, it is difficult to give a direct answer. However, if he is sitting in jail, the Kansas county probably gave him some indication that they were thinking about it.
2007-08-26 10:14:57 · answer #1 · answered by Tmess2 7 · 0⤊ 0⤋
In Florida we can hold them for up to 10 days awaiting a response from the other jurisdiction.
Certainly a court fine will not be worth the extradition.
Even when states do extradite on petty charges, it's usually only one state away. Kansas does not touch Indiana.
2007-08-26 19:35:18 · answer #2 · answered by cop350zx 5 · 0⤊ 0⤋
Article 4, Section 2, paragraph 2 of the US constitution states:
A person charged 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.
Indiana MUST turn him over if Kansas requests. It is up to Kansas to decide if it is worth the trouble to do so.
2007-08-26 15:56:54 · answer #3 · answered by STEVEN F 7 · 1⤊ 0⤋
All states in the US extradite. They are called reciprocating laws (mutual).
2007-08-26 15:16:05 · answer #4 · answered by Mezmarelda 6 · 0⤊ 1⤋
yes any state will expedite for a good enough reason.
2007-08-26 15:14:40 · answer #5 · answered by marc130927 1 · 0⤊ 1⤋