extradition???

debra white calif (only U.S. law)?
my question is one that is baffeling my husbend and me. he was picked up for a worent out of ravalli county montana isued in 2004. at witch time we wear still living in calif. he is being held waiting extradition to montana so he can get this cleared up. he has signed the wavor of extradition. my question is what is the statue of limetation. on this extradition. he has been incarserated for 21 days now and no one can give us a limitation on how long he can be held. is thear a time limet on his incarseration or can thay hold him indefinatly. please someone help in this matter. thank youWhat is the name of your state (only U.S. law)?

If he is not fighting the extradition, I believe they have 30 days to pick him up.

If he is fighting the extradition, they have 90 days.

Are you saying that he wasn't ever in Montana or that he wasn't there when the warrant was issued?

he didnt live in montana till two years later never even heard of this worrent. thank you for your answer

debrawhite said:

he didnt live in montana till two years later never even heard of this worrent. thank you for your answer

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If this warrant was issued for someone else and he's sure he has never had any legal issues in Montana, he may have been better off fighting the extradition.

I would want Montana to provide everything they have on the person they are seeking because this would, or should exonerate my involvement in the crime the warrant was issued for. Does Montana have fingerprints of the person they are after? A booking photo?

Not fighting the extradition, is the wisest path to choose if you know you are the person they are looking for. But if you're not, why would you want to get hauled to Montana just so they can compare fingerprints and mug shots when you get there?

I think he needs a lawyer and an investigator to look into this warrant like 21 days ago!

Unless he's not being truthful with you about the whole situation. Do you know what crime the warrant was issued for, what it is that he has allegedly done?

extradition????

his father,grandfather and himsalf all have the same name. thear ha been a lot of mes up with the credit reports hafe of everyones was messed up. his father told them one of the credit cards was not his so he was told it had to be reported to the police befor it would be taken off. neadless to say thay had half his dads info for that card half for my husbend. the card was never in my husbends posetion. i would have known. i have told montana that thay better have the original aplication that has his dads socal securety number and all my husbends info and his signature because without it thay have no case and it will be a jury trial. more then likly thay are in the end going to drop the charges. but in the mean time. i think i just pissed them off with the truth of the matter. i am wondering how ever will the 30 days count from the time of arest or from the time he signed the extradition pappers and weather or not thay count the weekends in the 30 days.

debrawhite said:

his father,grandfather and himsalf all have the same name. thear ha been a lot of mes up with the credit reports hafe of everyones was messed up. his father told them one of the credit cards was not his so he was told it had to be reported to the police befor it would be taken off. neadless to say thay had half his dads info for that card half for my husbend. the card was never in my husbends posetion. i would have known. i have told montana that thay better have the original aplication that has his dads socal securety number and all my husbends info and his signature because without it thay have no case and it will be a jury trial. more then likly thay are in the end going to drop the charges. but in the mean time. i think i just pissed them off with the truth of the matter.

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Well your goal shouldn't have been to piss them off, but to have them re-check the evidence they have against him to see if there is any merit to your story. It will be the DA or prosecutors office who will decide if the charges are legitimate and if your husband is the one who they believe they can prosecute for them, not the police. I don't believe that the Montana authorities want to spend the time and money it will cost them to extradite, transport, house and prosecute an innocent man,,,, although it has been known to happen

am wondering how ever will the 30 days count from the time of arrest or from the time he signed the extradition papers and weather or not they count the weekends in the 30 days.

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I'm not 100 percent sure, but I believe the clock starts when he signs the paperwork waving his right to fight the extradition, as this is the earliest point that the Montana Authorities can actually take him into their custody.
Weekends should count, because the jail does not close for weekends and they could pick him up on Saturday or Sunday if they wish to do so.

thank you very much for all of your help. while you are right about pissing them off that wasnt my main thought. i have a bad tendancy to really speake my mind. o it has been known to piss some off. epchaly when i feel an injustice is being done. "i can have a very high horse" in thoughs surcomstances. but thank you for all of your help now we know better just wear we stand and how much longer he can still be in thear. thank you