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extradition time limits?

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nvrsubtle

Guest
I have a friend who has been held in King county(Washington)detention since the 22nd of April when he was arrested on a failure to comply warrant relating to lack of restitution payments. On the 26th with no legal advice and not even knowing the name of his public defender, he was STRONGLY encouraged and did sign an extradition waiver(also, had signed one with the state of Colorado in order to move here in '97).
It is now 16 days since his arrest and incarceration and 13 since signing the waiver. Washington RCW 10.88.430 Waiver for EXtradition states that "...the judge shall directthe officer having such person in custody to deliver FORTHWITH such person to the duly accredited agent..." and "...nothing in this section shall be deemed to limit the rights of the accused person to return vouluntarily and without formality to the demanding state...". Does this not mean that by continuing to hold him and NOT providing for his extradition( getting Co. here to take him) they are violating the intent of that revised code?
Are there any time limits on how long Wa. can hold him or is it possible for him to be there for as long as colorado decides to take to come and get him?
Thanks in advance for any input<not legal advice=)>,
Rob
 


ALawyer

Senior Member
We can't answer specific questions about one state's law, sorry.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
N

nvrsubtle

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ALawyer:
We can't answer specific questions about one state's law, sorry.

<HR></BLOCKQUOTE>
One Hell of a lawyer!
considering Washington follows the guidelines and codes of the Interstate Agreement on Detainers as well as the other agreement that a state can be a part of if they so choose AND since it is stated on this bulletin board to be specific about state I thought I would be.
If you felt you had nothing to assist me with then why waste my time by answering at all?
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by nvrsubtle:
I have a friend who has been held in King county(Washington)detention since the 22nd of April when he was arrested on a failure to comply warrant relating to lack of restitution payments. On the 26th with no legal advice and not even knowing the name of his public defender, he was STRONGLY encouraged and did sign an extradition waiver(also, had signed one with the state of Colorado in order to move here in '97).
It is now 16 days since his arrest and incarceration and 13 since signing the waiver. Washington RCW 10.88.430 Waiver for EXtradition states that "...the judge shall directthe officer having such person in custody to deliver FORTHWITH such person to the duly accredited agent..." and "...nothing in this section shall be deemed to limit the rights of the accused person to return vouluntarily and without formality to the demanding state...". Does this not mean that by continuing to hold him and NOT providing for his extradition( getting Co. here to take him) they are violating the intent of that revised code?
Are there any time limits on how long Wa. can hold him or is it possible for him to be there for as long as colorado decides to take to come and get him?
Thanks in advance for any input<not legal advice=)>,
Rob
<HR></BLOCKQUOTE>


My response:

I hope this answers your question.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. of the United States Constitution and 18 U.S.C. § 3182:

"Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District or Territory to which such person has fled, and produces a copy of an indictment found or an
affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged."

Good luck.

IAAL


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