If someone has a warrant issued for a parole violation in California and is picked up in Texas, how long does it take for them to be returned to California?
If California has a time limit to pick up the offender and they choose not to, what happens to the offender who is being held by Texas, and what happens to the warrant?
In this situation, let's assume the following: Detainee was picked up on warrant for parole violation (no additional local charges). Parole violation was failure to register as sex offender within 10 days of offender's birthday. Offender was picked up on warrant within 10 days of violation. Offender was convicted of 288(a) in 2003, at 21 years of age, and was the first and only conviction. Offender has signed a waiver for extradition. If my understanding is correct, even though he has signed a waiver, there should be some time limit on how long the demanding state has to take custody before the asylum state decides they will not hold him anymore.
DUI / DWI Attorney
It depends if they fight extradition or not. If they fight it could take some to get back. If they don't fight than they would wait for CA to pick them up. If CA doesn't come, then TX can release person on bond. The steps to extradition are as follows.
1. The wanted fugitive is arrested based on the demanding state’s warrant.
2. The demanding state files a “fugitive complaint” against the accused.
3. If charged, the suspect may be held in court custody in the “asylum state” (where the suspect is currently located) or released on bail and wait for a Governor’s Warrant to be issued.
4. The fugitive may choose to deny the charges or waive a formal extradition procedure
5. If the fugitive denies the charges, an Identity Hearing or probable cause hearing is held in court.
6. During this time, the prosecutor in the wanting state assembles the case documents and submits them to the state’s Governor via the state’s Attorney General.
7. The demanding state’s Governor then files a formal demand to the asylum state’s Governor.
8. The asylum state Governor may conclude that the extradition request is valid, and require the arrest and retention of the fugitive.
9. The fugitive is called before court to answer the charges, and may challenge them under habeas corpus (protection against illegal imprisonment).
Criminal Defense Attorney
Mr. Tieman's answer sets forth the process. The offender in your example has already shortened by waiving extradition. This will bring him back to CA sooner than if he were fighting extradition.
The offender in this case has not just a parole violation but a new case for failure to register as required under PC 290. He could both have his parole revoked and a new sentence imposed on top of that for failure to register.
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