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What is the longest a state can hold someone awaiting extradition if they have no charge in that state?

Saint Louis, MO |
Filed under: Criminal defense

My friend is in jail in Missouri awaiting extradition to Mississippi. He is currently on either probation or parole, I'm not sure which, and he had left Mississippi without permission and had not been reporting to his P.O. for about 7-8 months. He does not have any charges in Missouri. How long does Mississippi have to come get him before they have to release him? When they do get him will he go before a judge or board and have a chance to explain why he left ? Does he have to finish out his sentence if they send him back to prison or does the judge or someone decide how long?

Attorney Answers 1

  1. In general, a State has 30 days to retreive a fugitive arrested in another state if that person has waived extradition. If they have not waived extradition, the holding state must have a hearing as to whether there exists proper legal grounds to extradite the person. The time for this hearing varies from state to state. If the person waived extradition and the originating state does retreive the person within 30 days, the holding state generally will then release them. This does not quash the original warrant, and the person is subject to arrest again if stopped by law enforcement. It is best if you hire an attorney in Missouri to help with matter. You will need a lawyer in Mississippi to answer the questions concerning that state.

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