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Arrested in NY for warrants out of PA. The waiver for extradition was not signed. What happens now? How long can he be held?

Lancaster, PA |

In PA has warrants for two outstanding cases that he has not showed up for. He was recently arrested in NY due to his warrants out of PA. He refused to sign the extradition paperwork for PA.

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Attorney answers 3

Posted

His refusal to waive extradition will only serve to keep him wherever he currently housed in NY. He WILL eventually have transportation provided, with official chaperones, to return him to PA. There are time limitations contained in the legal compact among the states for dealing with these situations. Those limitations are almost always complied with. If the detained person has not only time on his hands but substantial funds as well, then he should engage the services of local counsel in NY to monitor compliance by PA with the law. If not independently wealthy, saving scare resources to defend the charges in PA would make more sense.

Asker

Posted

Any idea what the time limitations are? I ask this because he was picked up by the US Marshalls had a hearing on July 2nd and was placed in VCBC in the Bronx. They scheduled him for another hearing today and I am not sure why because all of his charges are from PA, he was/is not being charged with anything in NY.

Posted

Refusal to sign the waiver of extradition was probably not a wise idea. It will not accomplish anything except keeping him in NY longer. The conditions are almost certainly worse because he is considered an out of stater. Hiring counsel to waive extradition and take care of the PA case is probably the best idea.

Michael L. Doyle
(215) 900-5565

This is not intended as individual legal advice and there is no attorney client relationship established by this answer. It is advisable that you seek individualized legal assistance. This is not a substitute for hiring an attorney.

Asker

Posted

He was arrested on the 2nd of July by the US Marshalls and they placed him in VCBC in the Bronx, NY. He was given the impression that if he did not sign it PA would have less time to pick him up from NY. (Previously he was told PA would have 30 days) Any idea why he would be scheduled for another hearing today in Bronx Criminal Court? (He has no charges at all pending in NY, everything is in PA).

Michael Lawrence Doyle

Michael Lawrence Doyle

Posted

Extradition hearing. They would determine whether there is any basis for him not to be extradited.

Posted

My colleagues have it right and their advice should be followed.

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