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How many days does Texas have to extradite a fugitive from Oklahoma to Texas before Oklahoma has to set them free?

Cedar Hill, TX |
Filed under: Criminal defense

Amount of time to extradite inmates from state to state.

Attorney Answers 3

  1. An interstate extradition has a variety of time periods that can apply, each dependent upon the presence of specific circumstances. Unfortunately, your question lists no circumstances so it is nearly impossible to answer without listing all time periods.

    However, as an example, assuming the person being extradited waives extradition (rather then fighting extradition), the requesting State (TX) would have 10 days from the date they were notified of the waiver, to pick him up. Unfortunately, the 10 days does not count weekends or hoildays, and if a State is on their way to pick him up, the 10 days is typically extended to allow for the transit time.

    For specific answers to other time period calculations, like how long does a requesting State have to complete the submission of a Governor's warrant, I suggest you contact an experienced criminal defense lawyer admitted to practice law in TX.

    This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified counsel with whom you can share information which can be assessed under an attorney-client privilege, so that you can get competent legal advice from which you can make informed decisions. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case.

  2. If one waives extradition, the requesting/receiving state has 10 business days to pick up the person, or that person will be released. If one does not waive extradition, then the requesting/receiving state has to obtain a governor's warrant (essentially) to present to the judge in Texas to obtain an order to extradite. All the requesting state is doing is showing that there is a warrant, and the person is the one being requested.

  3. If one waives extradition, the requesting state has 10 days to pick up the person; otherwise they will be released. If one fights extradition, then a governor's warrant (essentially) from the requesting state must be sent to the Texas governor, and then a hearing held. The required proof is that the person is wanted, there is a warrant, and it is the person being requested. Once granted, the requesting state has 10 days to pick up the person; otherwise they will be released.

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