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Will I be detained or extradited?

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wonderlight881

Junior Member
What is the name of your state (only U.S. law)? Alabama & Oklahoma


I was arrested last month in Alabama for a felony "Receiving Stolen Property, 2nd Degree $2500 to $5000". When arrested, I saw the officer's screen say "Will Extradite Statewide" on the NCIC Wanted Person's File. I was released 6 hours later on a signature bond. I was in the process of moving to Oklahoma, and now my Job and family is here. I know I have a Failure to Appear for that charge. What is the likelihood that I will be extradited if I get pulled over and ran through the NCIC? Thanks very much!

M
 


j991

Member
It all depends on the extradition that was posted for you. The state of Alabama can set the parameters of how far they will come to get you. If they extradite all 50 states then if you get arrested you will be incarcerated until the AL authorities come get you. If the extradition is set up for Alabama and surrounding states, then you will be detained for awhile, but Alabama will not extradite and the officer will let you from the scene or station. If you are arrested the authorities have 30 days to come and get you or the courts must release you. During that time you will have an extradition hearing. The judge will ask if you want to fight or waive extradition. That means do you want to "voluntarily" go back with Alabama authorities or do you want to have a court hearing where you will try to come up with a good enough reason not to go to Alabama and face the charges. Extradition hearings are almost impossible to win, so if you are arrested I suggest waiving the extradition so the authorities will come and get you. Once in Alabama you will be kept in custody until the court date. Get a lawyer and hope for the best.
 

outonbail

Senior Member
adding to j991's reply, if Alabama decides to extradite you, you will be given an extradition hearing in OK. You will be asked whether you are willing to wave extradition and go voluntarily, or if you plan on fighting the extradition.

If you wave the process and agree to go voluntarily, Alabama will have 30 days from that point to come pick you up. You will receive "time served" credit for each day you are in custody in OK. So if you are eventually sentenced to one year on the Alabama charges, you will only owe eleven months if you were in custody foe 30 days in OK.

If you decide to fight the extradition, you can be held for ninety days, so that Alabama has the time to meet all the requirements involved in the extradition process. The orders have to go through the governors office and be signed and the whole process will take more than 30 days, but will have to be done within 90 or you will be released. The only purpose of the extradition is to make the state who wants you prove that you are indeed the person they want and not someone else, who shares the same name. So you will basically be forcing Alabama to prove you are the right person. If you are, this will be no problem for them to accomplish.

The big difference is, that you will not receive the "time served" credit if you are found to be the right person and do end up being extradited. So if you were to receive a one year sentence in Alabama, you would have to serve an entire year, even if you already served 90 days in OK.
 

wonderlight881

Junior Member
Ok guys...It's been a LOOOONG time since I've responded to my initial question. I forgot my login information, and recently recovered it.

The hypothetical situation finally did happen, and on a separate and small charge, which I had a PR bond set, I was held for 6 days in an Oklahoma County Jail, before Alabama sent a notice to release, and it stated (from memory) ***WILL NOT EXTRADITE*** and a bunch of other legal jargon on an important looking document, signed by someone important. I was let go, and here I am.

I also had to kick 140 mg methadone habit.

Thank you guys so much, and of course I appreciated the responses, and I'm sorry it took 4 years...

So...what happens now? Am I pretty much safe, or could this happen again?

Edit: I found this tidbit... http://www.doj.state.wi.us/dles/cibmanuals/files/TIME/HTML/extraditionrestriction.htm but I am not sure if it is correct, could anyone simplify this...like break it down big bird Seasme Street style so I can understand it?

Thanks. :)
 
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