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Extradition Waiver

Criminal Law Discussion Forum

Extradition Waiver

Postby Nulty » Fri Nov 18, 2016 11:17 am

Hello, I have a friend who was stopped for not wearing a seatbelt in TX, but when the officer ran his license he discovered a warrant out of Colorado, so he was taken into custody.  The original charge was seven years ago(when the friend was 18 years old) and he was given probation and allowed to complete it in the state of Texas to be with family.  He violated his probation- he did not show up to his appointments.  We did not hear anything from Colorado for years.  Last year, he was stopped in LA with a first time pot charge, held there for a week, signed a waiver of extradition to CO, but they never came to get him.  Did they cancel the warrant? Can they come get him now that he has been detained in Texas even though they did not come to Louisiana? If so, how long can they make him sit in Texas and wait? I really appreciate your time.  I understand that there's no way of knowing what will happen in a particular case, but your take on it would be highly valued.  Thanks again.
Nulty
 
Posts: 53
Joined: Fri Jan 17, 2014 11:52 pm

Extradition Waiver

Postby mate » Tue Nov 22, 2016 12:08 am

Sarah,

I apologize for the delay in answering i have been very busy with several incidents at work and have been away from my office.

The California incident is basically that Colorado decided not to come and get him.  That is their prerogative.  It is usually based on financial reasons.  Now that he is in Texas things may have changed and they may be more willing to come and get him.  However,  your friend may have some recourse here.  Since he waived extradition in California after his arrest and they decided not to come and get him an argument could be made that Colorado violated his rights to a speedy trial.  This is an issue that his attorney should look at.  No guarantees since this is a evolving area of law and Colorado or the Federal circuit may have some case law further defining this issue.

He could remain in Texas until extradition is ordered or he waives.  Then it is dependent on Colorado complying with Texas wishes as to when to pick him up.  It is not set by statute.  The closest requirement is that trial must commence within 180 days from time of notification.

Good luck, hope this helps

robin
mate
 
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Joined: Thu Mar 31, 2011 11:34 am

Extradition Waiver

Postby Masselin » Mon Nov 28, 2016 2:07 am

Hello, I have a friend who was stopped for not wearing a seatbelt in TX, but when the officer ran his license he discovered a warrant out of Colorado, so he was taken into custody.  The original charge was seven years ago(when the friend was 18 years old) and he was given probation and allowed to complete it in the state of Texas to be with family.  He violated his probation- he did not show up to his appointments.  We did not hear anything from Colorado for years.  Last year, he was stopped in LA with a first time pot charge, held there for a week, signed a waiver of extradition to CO, but they never came to get him.  Did they cancel the warrant? Can they come get him now that he has been detained in Texas even though they did not come to Louisiana? If so, how long can they make him sit in Texas and wait? I really appreciate your time.  I understand that there's no way of knowing what will happen in a particular case, but your take on it would be highly valued.  Thanks again.
Masselin
 
Posts: 40
Joined: Sun Mar 16, 2014 8:52 am


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