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
What is the extradition law from Texas & Florida? Person is wanted in Texas, but picked up from Florida?
All US states have extradition agreements and if the person is charged with a serious crime the Governor of Texas will file a Governors warrant and it will be forwarded to Florida where if the charged does not agree to the extradition a hearing will be held and then the person will be returned to Texas, Extradition is always granted so the wanted person is wasting money on going to court.~
I am wanted out of Ohio will they extradite me back? Can a lawyer give me an HONEST answer?
I am wanted out of the state of Ohio for two felony charges. One is a felony five (Menacing my Stalking) and another is a felony three (Violation of a Protection Order). I absconded from the state years ago to flee prosecution. I have repeatedly called the local police department requesting extradition back to the greater Cincinnati area from Omaha and the lieutenant insists they will not drag me back. However I have heard several rumors that most felony three warrants do deem of enough importance to extradite.I've also heard the state is broke though and not bringing back people like they used to due to lack of funds. I believe the police in Monroe, Ohio may very well be lying to me thinking I will do something drastic if I discover they're willing to bring me back. They've given me their word they will not but as we all know the word of a policeman holds as much worth as the word of a thief. Firstly does anybody know off hand if they would extradite me for these charges? Can the police lie about the status of extradition? Secondly if I hire a lawyer can one give me an HONEST answer? My wife is pregnant and the life of this child will hinge on this factor. I need to know if I can keep my job and raise my family or if I'm going to get pulled over a year down the road and dragged back to Ohio in chains.
What happens if a state refuses to extradite someone wanted in another state for a crime?
It would very quickly be sent to the supreme court of the US and the SCOTUS would order the state to comply with the extradition request. I'm assuming of course there's evidence of the person being guilty and the crime is fairly serious and not a traffic ticket violation.The state would now be under federal court order to extradite. If they still fail to do so, the US Marshals will execute the extradition and anyone attempting to interfere would be arrested and spend time in federal prison.It probably wouldn't even get to the SCOTUS because the local federal district court would be 100% correct in ordering the state to comply.Why is this? Well the US constitution says each state will honor extradition requests to another state. It's one of the few clauses of the constitution spelled out so nice and neatly.
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.
If someone has a bench warrant in one state, could that person be arrested in another state for that same bench warrant?
I have read almost all of these answers. I am originally from Indiana, and the state places a rider on all their misdemeanor warrants that it is enforcable only within state boundaries. Now, I seen almost all of the answers her are from people with law enforcment back grounds. Not to upset anyone but police officers do not spend the time and money attorneys do on an education. When there is a rider on the warrent it is placing a legal jurisdiction or enforcement on that warrent. And that warrent is then only a legal document in the boundaries of jurisdiction of that document. Outside of that it is worthless, nothing more than toilet paper. So it is my understanding that it you are out of jurisdiction of the warrent as stated on the warrent (which at the time the officer runs a check it is stated there it) and arrest you only on the basis of that warrant then they have commited a legal kidnapping and have falsely arrested you due to the fact the officer already knows the jurisdiction of the warrent and what the intent of the issueing court is on the extradition. So yes you should take care of the warrent as soon as you can, but understand that if you are checked and you are in fact outside the limits of the warrent. It is no longer a legal document and can not be enforced at any cost just like a city police officer had NO jurisdiction in another city that is not within his state. In fact if that police office from NV came to my state of Florida and tried to use his badge in a official capacity he would be arrested for impersonating an office. If the law is like that for the jurisdiction of a person what do you think they would be for a pirce of paper. And remember to alway demand (not ask) to see the warrent and to read it completely before you sign it. Some jails have been known to pass off the warrent as extradition papers just to get you to sign the warrant. Sorry to any law enforcement officer i may have upset.
Can Michigan extradite my friend?
When he registers...Florida...if they are doing their job, will run a check on him for warrants...then they will arrest him and hold him for Michigan...he should have went to court...1/2 oz of weed is just a misdemeanor...if he does not register in Florida...they will get him there too...so he should just turn himself in...the court will take that into consideration on his sentencing...because now he has new charges with failure to appear.
What kind of warrants are extraditable across state lines?
There is a common belief that only felony warrants merit extradition. This is not true.It is possible to extradite someone on any arrest warrant. The biggest deciding factor is whether the agency holding the warrant is willing to go to the expense of bringing you back.Any warrant entered into NCIC has to be extraditable. Otherwise, there is no need to enter the warrant into a national system. Even so, the agency holding the warrant can put limits on how far they will go to extradite. They might say “contiguous states only,” so only those bordering the state where the warrant resides are eligible. They might also say, “northeastern states,” “southwest states,” or “only west of the Mississippi River.” If you’re the subject of the warrant and you’re stopped in a state not covered by the limits, you won’t be arrested on that warrant.I know of a municipal court in Nevada that would extradite from neighboring states on charges of domestic violence and DUI. It was very common for tourists from California to get busted for DUI in Nevada, then head back to California when they bailed out, never to return. The municipal court put those warrants on NCIC for neighboring states, and when an arrest was made, would send a city marshal in a squad car to fetch them back. The defendant would have the costs of his extradition added to any outstanding fine amount.
How does extradition work?
extradition is when a person charged with a crime (the degree of crime sometimes varies from state to state or country to country) leaves the state or country. To put it in quite in simpler terms, extradition is when the asylum state (the state where the accused has fled) surrenders the accused in question to its respected state or country. The state that requested the transfer claims the right to prosecute the subject under the guideline of laws provided by the requesting state.