My brother is incarcerated in florida, set to be released in a few days,but he has a detainer in Alabama . How long does Alabama have to get him? Will they even get him since it's so close to his release date? Will they get him on the day he is supposed to be released? What happens if they don't get him?
Criminal law has its own statutes, and rules of procedure. Those lawyers who do civil law are often not versed sufficiently in these matters. It is essential in any criminal matter that a criminal defense lawyer be retained to deal with the government and its lawyers.
This question is being directed to the criminal defense section of this service.
There is no set in stone time frame for extradition and interstate (State to State) extradition varies from jurisdiction to jurisdiction.
The closest that you are going to come to getting a competent answer is to call the shift commander at the facility where he is being held (awaiting extradition) and ask how long they will hold him (what is there time frame / policy) awaiting transport. It could be a week or a month. I can't say, but the shift commander can (and hopefully will).
If you call the jail then I strongly urge you to follow the rule of the 3 "p"'s (be patient, pleasant and polite) you will be surprised at just how knowledgeable and helpful s/he can be.
You can also hire a lawyer in the State that is seeking him (in this case AL) to attempt to negotiate terms of release with the prosecutor and or the Court, but that may not be successful. Please note that this is not to suggest that he / you should not try, in fact you should try if you can afford to do so, so I encourage you to consider hiring counsel in the State that issued the warrant (again, AL) asap . Even if you cannot get a bond you may be able to expedite transportation and, if not, then you can still get a head start on dealing with the underlying case.
Wishing your brother luck and hoping that I have been helpful in answering your question.
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Formal extradition proceedings do not commence until all sentences are complete. He can find extradition or waive extradition.
He will be explained the process then.
You can possibly expedite matters by hiring him an attorney now,
He will need one when he gets back to Alabama
He may have signed a waiver as a condition of parole
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