How long can a person arrested on out of state warrant be held in Kansas?

Question

Please cite case law if known. Thanks.

Answer 1

I tend to disagree with the poster who says they can post bond. If you arrest an individual who's wanted in another state...the first thing done is to insure the other state will extradite back to that state before you actually take them to your own jail. If that state indicates they will pick the individual up...that individual is essentially under arrest by that state therefore they aren't going to allow the posting of bond until they're returned to that state.

As an example I stop you in my state and find out you have an outstanding warrant in another state. I call that state who says they want you and will extradict you. My agency is holding you on their warrant even though I don't have warrants on you. There is no bonding out until after you are returned to the arresting state or that state reverses their decision to extradict.

It does not normally take long to complete an extradition and in my 30+ years have not seen it take much longer than a week or two.

Best wishes.

Answer 2

If they're arrested on an out-of-state warrant, they'll be held until extradited. They can ask for bail, however, and will probably get it, especially if it's a non-violent crime, and the person is a resident of Kansas with a job and ties to the community.

If the person is unable to make bail, they will remain in the Kansas jail until a Governor's Warrant is issued authorizing extradition to the other state.