Your question is not clear. If there is a fugitive warrant from another state the case must be dealt with. An attorney could reach out to the prosecutor in the requesting state to see if they would agree to a bail package. If not, they can try to expedite her return to the requesting state in order to speed up the resolution of the case. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: email@example.com. This answer is only for informational purposes and is not meant as legal advice.
If she is being held on an extradition warrant it is unlikely a judge will set bail. You should hire a criminal defense lawyer to expedite things. I had a similiar situation with someone held in Florida on a New Jersey warrant and convinced them not to extradite and release my client.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
You should retain a good criminal lawyer, there are many on Avvo in your area. The court can hold her up to 90 days on an extradition warrant and most states do not extradite on misdemeanors but they do on felonies. Your lawyer will advise you as to whether you should waive extradition or hope that they will not extradite her and she will be released after 90 days. She should surrender to the court and clear up the matter or she will have this problem again.
Generally, the demanding state must lodge a governor's warrant within 90 days of her incarceration or is to be released, not immunizing her from future extradition, but allowing her to be released. There are variables. Please seek counsel.
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