What does waiving extradition mean?
When a person charged and wanted in one jurisdiction on an outstanding arrest warrant absconds to another jurisdiction, whether between U.S. States under the Extradition Clause of the United States Constitution (Canada has “Canada-wide warrants” under s.703(1) of the Criminal Code for when law enforcement suspects the wanted person has absconded to another Province) or under the Treaty on Extradition Between the Government of Canada and the Government of the United States of America, there is an additional step involved, which essentially is the legal process whereby the jurisdiction wherein the accused is found is handed back to the jurisdiction which wants the accused. Often the wanted individual is accused in several jurisdictions, and who gets the accused first becomes a legal issue.“Waiving extradition” is a colloquialism referring to the accused formally seeking to divest himself or herself of his or her rights to constitutional and other legal protections under these laws. Dumb, stupid move for any criminal to prejudice his defense with, but sometimes such waivers are used as tactics in a strategic attempt on the part of the criminal to secure leniency.
How long does it take for a prisoner to be extradited to another state?
Depends on the state and how bad they want you best believe Texas is coming for you anywhere. I believe they have the right up to two years yet let’s say you get bonded out on a charge you picked up in Texas and your excitingly waiting to be released only to wonder why the hell you haven’t been yet, BOOM you have a hold on you from another county or state from my experience there is a 24 hour to 3 day to week time limit for them to come pick you up and this is the part you pray hard at as long as they don’t come get you and you are being favored by the Lord I’ve seen people even get their charge dismissed because of this and even taken off of parole CRAZY
After been waiting 22 days in jail and been signed a waiver for extradition?
If you already sign a waiver for your extradition can an arizona judge has the power to let you start over the 30 day waiting period if you don't have any criminal charges in that state? or what are your legal options if you aren't refusing to be extradite for a crime commited 20 years back.
Whats the waiting period for extradition from 1 state to another. My boyfriend said they told him 7 - 10 days.
No. For God's sakes...that's not true. Anyway, Texas won't be late...haha You planning on waiting around for him?
Does anybody know the legalities of extradition from state to state?
First of all if the warrant is a "nationwide pickup." If so and South Carolina has checked with California to make sure that the said warrant is valid and will they extradite. Then and only then can you boyfriend be arrested on that warrant. So now with that out of they way obviously they are going to come and get him so he has 2 options at this point. He cant waive extradition or fight extradition. Waiving extradition he will have a court date and sign a waiver in front of the judge saying he is ok with going back to California and take care of the problems. If he does this he will probobly sit in South Carolina jail for about 30-40 days (maybe less but unlikley) before they either fly him back with a California Corrections Officer or put him on a bus that picks inmates up all over the US and he will probobly sit on the bus for a 7 days before he gets back to California. If he fights extradition he is saying that he has no reason to go back and will not go back with out a "governors warrant." What that is, is the state of South Carolina will send a letter to the state of California requesting that the Governor sign a warrant to send your boyfriend back to California. The Governor does have the right to say no, but i have never seen this happen unless there is some sort of proof or reason as to why he should not have to take care of his outstanding charges. This process could take as long as 2 months or better ( may be sooner but dont count on it unless he is a murderer or somthing of that nature). Once either the Governers warrant is signed or he signs a wavier of extradition California has a set amount of days to come and get him or they have to extend that time through a judge or he will get released back to you. Not sure what the time limit is if it differs from state to state but in my state they have 30 days after they recieve a copy of waiver or Governors warrant, unless they request a stay from a judge (never seen this done either) to get that 30 days extended to up to another 60 days. So, hire him a good attorney and maybe the attorney can get somthing worked out with the courts in California before the department of corrections comes and gets him but i would not hold my breath waiting for that to happen. so i hope i answered your question and if i can help further with this please just email me, this is just a very broad overview on the way it is going to work for him.
Need help understanding extradition process...?
A friend of mine was arrested in new Mexico for a warrant in Texas. The judge at the extradition hearing changed the limit from when Texas has to pick him up from 30 days to 10 days. When does his 10 days start counting down? I.have heard from the day he was arrested and then I have heard it is from the day he went to court...do weekends count or is it business days? Is the judge even able to change the time limit that Texas has to pick him up? Any info on extradition would be of great help. Thank you in advance
What are the laws regarding extradition to Michigan to Arkansas?
Here are some details: -Family member held since March 31st in an Arkansas (county) jail. Is there a time limit in which a person can be held without being charged or extradited to the other state? -He would like to waive extradition and hand himself over to Michigan. He has no desire to contest extradition. Arkansas has told him and us that he is not entitled to an attorney while being held in Arkansas because he isn't being charged with anything in this state. Is this legal? -He has not been read his rights since being arrested and being detained. -He left Michigan on the advice of his attorney. He didn't have anywhere to live up there and no resources to secure a residence. This attorney is willing to sign an affidavit to this showing that he didn't leave the state to flee any charges brought against him. -There was a summons they were supposed to serve him about the charges. It was served to another family member and not directly to him. He hasn't seen it. Any advice?
Is there a time limit when the Governor’s Warrant signed to come get a prisoner from another state?
Yes. Now its been about 30 years since my last extradition. In each case where i waived extradition the judge always gave them 2 weeks. Not sure if that can be extended or not. I have never known a person not to be transfered in that 2 weeks. If you fight extradition they have 6 months to get the warrent signed. You can also have the court review the evidence aganst you and if the judge thinks the evidence is weak aganst you and in his opinion may not be sufficient for a conviction can release you from custody. This was my expierence in the 80's and 90's and laws may have changed
How long does it take an inmate to be transferred back to the state he had a warrant from?
Depends on the state and the situation. If the inmate waived his right to an extradition hearing or had a hearing and agreed to go, then however long it would take for the arresting state to pick him up (this has to be a reasonable amount of time, bit I'm unaware of a hard time limit). I think in most states, if the inmate wanted to fight extradition, then the authorities with the warrant would have to seek a governors warrant, where the state governor has to issue a warrant for the inmates arrest. The warrant can sit on his desk for up to 30 days. If he hasn't signed it after 30 days, then the warrant is dropped.
How long can it take for an inmate to be transported from TX to NC? I haven’t heard from him in over a week. I’m worried!
When dealing with a prisoner being extradited to another state, you cannot look upon it as a road trip you or I might take where we take the shortest route and drive fast.To extradite a prisoner can cost several thousands of dollars. That’s why a lot of states (depending upon the charges) will refuse to extradite.With that an extradition trip is a carefully planned, thought out and mapped endeavor. You see, they are going to set up stops along the way to pick up and drop off any prisoner that needs a ride. So, let’s say he is picked up in the afternoon. They might drive for a few hours, stop at McDonalds and buy them a cheeseburger meal and then drive to the next county where the guards will drop everyone off for the night while they (the guards) go to the nearest Motel 6 for the night. The guards may be back the next morning by say 10–11am to pick everyone up and then drive for another hour, take an alternative route say 75 miles off the freeway to pick up another prisoner and then drop off 2 more another 30 miles down the road.A trip can usually end up transporting 10–20 different men and women prisoners dropping and picking up all over the place. Bathroom breaks can take an hour or more as there are only 2 guards. One must stay with the van, while the other chains up the prisoner, walks him to the restroom, let’s him go, wash his hands and then walk him back. By the time everyone has gone and they are back on the road, it might be only another hour for a meal.So, with this you can see how a week trip could feasibly take 3–4 weeks. I wouldn’t worry about him quite yet. Believe me, he wants to call you worse than you want him to call. First chance he get’s he will. Just be patient. The penal system is never in any hurry to do anything, NOTHING!Best of Luck!