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Criminal Law/exradition time frame

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Expert: - 4/27/2008


Question
My son was arrested in Liberal, Ks. due to a warrant out of Colorado for contempt of court unbeknownst to either of us and I haven't been able to talk to him and am wondering if you could tell me the time frame for extradition--someone had told my daughter 72 hours so I wonder if that is true as he's been there over 72 hours at this point.
Thank you

Answer
Donna,

  Of course every state has its own laws so what might be true in MY state might not true in Kansas or Colorado.  There is really no set time in an extradition process.  If someone waives extradition, meaning that they do not deny that they are the person named in the warrant, then they go to court and tell a judge that they are not fighting extraditon and want to return to the demanding state.  There is no time limit that the demanding state has to pick up the prisoner.  It could be a week or even much longer.  A lot depends on manpower, distance, and expenses.  I am not sure where your daughter came up with 72 hours but that is completely unrealistic unless the states boardered each other.  

  If a person fights extradition, meaning that they deny that they are the person named in the warrant, then the process usually stretches out for months.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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