extradtion laws

[tater_taut]

What is the name of your state? Idaho. Wanted on a probation violation in Idaho, picked up in Texas for minor altercation; how long can Texas hold him until Idaho extradites him back to Idaho?

 

[seniorjudge]

There's an extradition compact among the states but I can't lay my hands on it right now.

So I'll give you a "practical" answer: It will probably be around 30 days, maybe shorter. It takes that long to get everybody in gear.

If I can get that law and cite you chapter and verse, I will post back.

 

[tater_taut]

I appreciate your response, seniorjudge. Thank you.

 

[seniorjudge]

You are welcome.

 

[tater_taut]

Idaho. Seniorjudge (or anyone, for that matter), were you able to get information on the exact number of days Texas can hold one for extradition to Idaho on a probation violation? I appreciate any information one can give me on this matter. Thank you.

 

[JETX]

What is the name of your state? Idaho. Wanted on a probation violation in Idaho, picked up in Texas for minor altercation; how long can Texas hold him until Idaho extradites him back to Idaho?

The process of extradiction can quickly become complex... and time consuming. Some of the steps are:
- The subject has to be detained (already done in this case).
- The subject then has to be positively identified. This can take time if the suspect has no ID and must be printed then run.
- Once positive ID is obtained, the arresting agency needs to get confimation of the warrant. This is normally done in less than a day, but could take a few.
- Finally, the 'issuing agency' must advise on whether they even want to extradite (costs, man-power for escort, etc.). Again, this could take a day or so.
- The suspect is also taken before a magistrate/judge and asked if they wish to 'waive extradition'. If they do, then the issuing agency sends an officer (or two) down to escort the suspect back to their jurisdiction. If the suspect refuses to waive extradition, then a hearing is scheduled. Any of these processes could take days (or weeks in the case of the hearing, as counsel is needed/appointed, etc.).

So, with all that.... the answer to your question is.... as long as justice allows it to take. He could be back in Idaho in a few days.. or a few weeks... or could be released to be re-arrested again.... and again.

Here is a link to the Idaho statutes re: extradiction:
http://www3.state.id.us/idstat/TOC/19045KTOC.html

And for Texas:
http://www.capitol.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000051.00.htm

 

[tater_taut]

Thanks for the information, JETX. I appreciate it.

 

[tater_taut]

Ok, he's back

Idaho. Has been extradited back to Idaho on a DUI probation violation. Needs the name of a good attorney in the Boise, Idaho, area. Any help you can give will be greatly appreciated.

 

[ntagaincolorado]

sorry to intrude

Colorado
I am sorry tater_taut, but I am actually referring this question to JETX since they seem to know a few things about extradition. I thought DUI were misdemeanors, I did not think they extradite for misdemeanors? Is there a web site I can refer to for Colorado?

And tater_taut, I hope that you are able to find a good attorney to help him out of this. I have personally been stuck in the system for toooooo long with a DWAI! Once your in, you can't seem to get out. But hang in there...hope it all works out!

 

[JETX]

I am sorry tater_taut, but I am actually referring this question to JETX

Please don't hijack somone elses thread. It is both rude (in diverting attention from the OP to you) and confusing (when you think a response is to you when it isn't).

 

[ntagaincolorado]

sorry

sorry tater_taut.

 

[tater_taut]

No "premium" attorney?

Idaho. I went to the "find an attorney" at this site, but seems, unfortunately, that the Boise, Idaho, area has no premium attorneys. I would appreciate hearing from anyone with knowledge of a "premium" criminal defense attorney in that area.

p.s. I knew we were backwoods, but wow, this is ridiculous

 

[JETX]

II would appreciate hearing from anyone with knowledge of a "premium" criminal defense attorney in that area.

Go to: http://www2.state.id.us/isb/pub_info/find_attorney.htm

 

[tater_taut]

Idaho. Thanks for the reponse, JETX. I'll check it out.

 

[Alchohol_Free]

Premium Attorney

I'm assuming that by "premium" you mean a well known successful criminal defense attorney.

It may be that you'll have to find a Washington St. attorney that can also practice in Idaho. Probably won't get anyone from Salt Lake City to come up there unless you fork out the big $$, so Washington may be your best bet.