Expert: Robin Sexton - 4/19/2008

Question
I was held in jail on a warrant out of montana and texas and signed both waivers for exradition.  So montana came and got me and i was sentenced.  I was arrested on nov. 23 and then after my sentencing in montana they held me in jail for texas to come and get me and both waivers were signed on november 23.  Then march 19 rolled around and texas released my hold and told me that i had to report down there myself.  Told me to report on April 30th.  So can they put a warrant back out on me throughout all of the states if i dont report?  Because they said that my warrant only stands in the state of Texas now.  Or did they miss there chance for extradition.  I dont understand it.

Answer
Thomas,

I was in process of answering this question and i hit the wrong button, sorry.
Extradition's are controlled under the Interstate Agreement on Detainer's and most if not all states have signed on. It is also subject to Federal Law.  Truthfully it is a very confusing piece of criminal law.
Under the IAD once you are arrested a detainer is placed on you by the requesting state.  When the arresting state is done with you then you are available for release.  This starts the extradition process which is governed by Federal Law.  You at that time have the right to demand to be taken to the requesting state to answer your charge.  This puts the burden on the requesting state to do something.
If they don't the warrant could still be valid.  Failure of them to come and get you brings up the issues of your right to a fair and speedy trial. That question can only be answered in Texas by a judge there.   The judge can order the charge dismissed with or without prejudice.  With prejudice the warrant can not be reissued with out prejudice it can.
To answer this question specifically would take a through understanding of Texas law and the Federal guidelines.  Which unfortunately i have neither.
Only suggestion i can make is for you or someone on your behalf contact an attorney in the area of Texas where the warrant is at to review the relevant law there and to work on your behalf.
Many times warrants are placed in the system for maybe just the surrounding states.  What triggers the time lines is the detainer being filed, and the request of the arrested person to be taken back to the warrant holding state.

Sorry i can't give you a clearer answer

Good luck

Robin