Expert: Robin Sexton - 4/16/2008

Question
my husband is being held at the ccdc in norman, okla. while waiting to be extradited to virginia. How long does it take to get a governors warrant? if the detention center will only hold him for 10 business days and virg. does not show they have to let him go, right?

Answer
Amanda,

There are several factors that have to take place.  First is the person contesting extradition?  If so then a governors warrant is necessary.  Your husband would be entitled to a hearing before a local magistrate as to his demands for the extradition.  If he waives extradition then it is suppose to be 30 days for Virginia to come and get him.  If he contests extradition then the local judge can detain him or release him on bond while the states proceed with their governors warrants.  What Oklahoma would do is obtain a criminal fugitive warrant under Oklahoma law and charge him with that while the states proceed with their document exchange.  This can take a period of time, 30 days would not be unusual.  
Your are correct in that IF Virginia decides not to pursue extradition he would be released from Oklahoma custody.  They can however change their mind at anytime and have local authorities re-arrest him.

I hope this answers your question


Good Luck


Robin