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extradition

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go2bme

Junior Member
I am trying to find out for my son who lives in CA and I am in FL, what his rights are. He was recently arrested for drunk and disorderly in CA and upon being jailed there was a warrant from Idaho on writing a check/checks without sufficient funds. He is being held in CA awaiting extradition to Idaho. How many days does he have to wait for extradition and is this crazy or what?
 


garrula lingua

Senior Member
They'll probably hold him for 3 to 5 days (until Idaho says they won't pay to extradite).

Every time he gets stopped by the 'law', this will probably happen.

What is crazy is that he didn't take care of the Idaho case - it doesn't just 'go away'.
He will have to go to Idaho (probably on his own dime) and resolve that case.
 

outonbail

Senior Member
I am trying to find out for my son who lives in CA and I am in FL, what his rights are. He was recently arrested for drunk and disorderly in CA and upon being jailed there was a warrant from Idaho on writing a check/checks without sufficient funds. He is being held in CA awaiting extradition to Idaho. How many days does he have to wait for extradition and is this crazy or what?
I know someone who was recently in this situation while in custody in Nevada. The way it worked there, is first the state where the warrant was issued would be notified that the person was in custody. That state would then determine whether or not they wanted to go through the trouble and expense of extraditing the person. Their decision is based on, first and foremost the crimes he's charged with. States will generally extradite for a felony but not for a misdemeanor. They also may be too busy to be bothered at that point in time, you just never know.
Either way, they would inform the jail if they did or didn't intend to extradite. If they did not plan on extraditing, the person would be released, but the warrant would still remain in effect and whenever he's pulled over or questioned for any reason by the police, he can expect to be arrested for it again and again. Because they don't extradite this time, doesn't mean they won't do it the next time he's brought in for the same warrant.

If the state decides, yes they will extradite, then the person being held for the out of state warrant would be brought before a judge and informed of the warrant and extradition situation. They would then be given the choice between fighting extradition or not fighting the extradition.
If they fight the extradition, the person fighting it will be held for 90 days so the state has the time to jump through all the hoops and climb all the hurtles to accomplish the extradition. If the state which issued the warrant wants the person bad enough, fighting extradition is only a matter of postponing the inevitable. The 90 days spent in custody while fighting extradition, will not be credited towards time served if the person is eventually convicted and sentenced for the crime they were extradited for.

If the person chooses not to fight extradition, then the issuing state has thirty days to come get him or he will be released. If he is picked up, found guilty and sentenced, he will receive credit for the time he served while waiting his extradition.

I imagine the process is the same or real close to the same in most states.
 

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