Hi,
A buddy of mine is being charged in Federal court in California with copyright infringement (which is of course a federal jurisdiction). He is being extradited from North Dakota to California to face the charges. He has never in his life been in California.
There are two acts governing extradition in this case:
On the Federal Level: 18 U.S.C. 3182 ( http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003182----000-.html )
On the State Level: UNIFORM EXTRADITION AND RENDITION ACT ( http://www.legis.nd.gov/cencode/t29c303.pdf )
Since the charge is Federal, his extradition hearing has been held in Federal court in North Dakota. However, what I'm trying to find out is whether the court has to follow federal extradition laws or state extradition laws in this matter.
This makes a big difference since the conditions and time limits differ between the two.
My guess is that state laws apply. Does anyone know?
Thanks
A buddy of mine is being charged in Federal court in California with copyright infringement (which is of course a federal jurisdiction). He is being extradited from North Dakota to California to face the charges. He has never in his life been in California.
There are two acts governing extradition in this case:
On the Federal Level: 18 U.S.C. 3182 ( http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00003182----000-.html )
On the State Level: UNIFORM EXTRADITION AND RENDITION ACT ( http://www.legis.nd.gov/cencode/t29c303.pdf )
Since the charge is Federal, his extradition hearing has been held in Federal court in North Dakota. However, what I'm trying to find out is whether the court has to follow federal extradition laws or state extradition laws in this matter.
This makes a big difference since the conditions and time limits differ between the two.
My guess is that state laws apply. Does anyone know?
Thanks