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Re:extradition

Criminal Law Discussion Forum

Re:extradition

Postby nathaniel » Mon May 26, 2014 11:40 am

A friend of mine was arrested upon entering the State of Hawaii due to a warrant issued in Oregon for lapse in child support payments. He is now incarcerated  pending extradition to Oregon. The judge said that if Oregon does not respond within 30 days he will be let go. Is there any way his family can find out if he will be extradited or not? Or do they just have to wait and find out that he has been taken, about how long do the issuing states take to respond to extradition warrants. Also he is willing to make a payment straight away and begin payments as he just recently got a job, would that help with the originating state decision to extradite?

ANSWER: His family has to first identify which juristiction has the warrant.  They could call that juristiction and see if anyone knows if they intend to come and get him.  

The rules say that a juristiction shouldn't put the warrant into the national computer if they don't intend to extradite so it sounds like they intend to.

There is no time limit because extradition depends on manpower, distance, money, etc.  I can't give you legal advice on starting the payments now but I doubt if that would erase the warrant

---------- FOLLOW-UP ----------

The judge though in Hawaii said 30 days, because all he is doing is holding my friend, he said Hawaii has not charged him with anything, so if he is let go after 30 days, will his name still remain in the system?
nathaniel
 
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Re:extradition

Postby cleirach70 » Sun Jun 22, 2014 10:45 pm

Hawaii is holding him because they are part of the interstate pact on arresting fugitives.  If the other state does not show up and he is released he will continue to be a fugitive and conceivably be arrested the next day by another officer in that state or another state.
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