I have talked to both jails in Wisconsin and Minnesota 1 says Minnesota going to pick him up the other says Wisconsin is going to bring him there neither one seems to know what is going on or when he will be going to Minnesota in the meantime he's in jeopardy of losing his job and he is the breadwinner of our home so in turn we are in jeopardy of losing her home as well and we have children so I guess my question is how long do they usually hold somebody before they extradite them so he can see the judge Minnesota and is there a certain amount of time that they can hold him in the Wisconsin jail before they have to extradite him to Minnesota. and just as an FYI the jail that he is being transferred to in Minnesota is less than a half an hour drive from the jail in Wisconsin so the reasoning for him not being extradited right away is frustrating thank you
To my limited knowledge of interstate extraditions there are several considerations arise as follows:
1. Once a defendant is arrested on the out of state outstanding warrant and the arresting state received communicating that the defendant is wanted in the original state, the person is custody cannot make a bail and must remain in custody,
2. Regardless who delivers such defendant, the original state or the arresting state, it takes several weeks to receive, process and determine the legal way of transferring the defendant to the respective Minnesota facility,
3. The close proximity of both Wisconsin and Minnesota facilities do not play a major part here because, like in any interstate transfers the paperwork may take awhile,
4. Also, depending on the defendant's desire to agree to extradition or choose to fight it, that also could affect the actual time until the defendant is brought to Minnesota to face the original charge.
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The jails will certainly get this straightened out, but they are going to do it in their own time.
The fact that this was a body-only warrant suggests that it was something quite serious your boyfriend did not show up in court for. Because of this it is unlikely that a Judge is going to do much to speed up the process. Ultimately if he wanted to avoid this problem he could have shown up in court at any time and asked for the warrant to be quashed.
Typically these things are done in a matter of days (48 hours or less).
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It'd be a good idea to contact a criminal defense attorney who can help you try to figure out the confusing process.
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