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About Robin Sexton
Expertise
Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.

Experience
Member of the Michigan State Police for over 30 years. over 20 years as a Detective. Conducted numerus investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment.Majority of career has been spent in rural areas of Michigan

Education/Credentials
Bachelor of Science degree. Long list of professinoal training schools

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > extradition

Topic: Criminal Law



Expert: Robin Sexton
Date: 6/23/2008
Subject: extradition

Question
My brother was recently arrested in Florida but the warrant is for Pennsylvania First when they came to get him he was shown no warrant when he was arrested, also he didn't even know there was a warrant for his arrest, I looked it up on the computer and the warrant was issued in PA on March 15, 2007 he was already here on March 10, 2007 and now they have him listed as a fugitive from justice in PA, also how long does Florida have to hold him for Pa. I've been told so many different times, he had a plea hearing set up and now the public defender says he doesn't because that was a hearing to see if he could get out on bail which he can't because he's supposedly a fugitive. Is there anyone to call to get this information from or who could I go to and ask. I called the PD and they said they couldn't give me any information because I'm just his sister.  Any advice would help. Thanks

Answer
Denise,

Several different things going on here lets see if we can work through them.
Most warrants are not carried around by officer they are kept in files in offices.  they are entered in computer data bases and that is how they are referenced.  The officers in Florida were working off a computer hit. It is then confirmed with the warrant holding agency either over computer or on the phone. That is the arrest aspect.  Secondly the warrant may have been issued on March 15 that does not mean that was when the offense occurred.  Normally warrants are issued several days, weeks or even months after the incident..  As far as holding him several factors are involved in this.  Once he is arrested for a warrant from another state the extradition process begins. Keeping it simple the holding state charges him with being a fugitive in that state.  Gets him into the court system.  He is taken to court and a plea is entered he then is given the option of either fighting or waiving extradition.  If he fights extradition then he enters into a potentially extended wait while the court  and extradition process runs its course, 3 months is not uncommon. If he waives extradition then the process is a lot shorted usually less then a month.  Lastly the police agency can not and will not release allot of information. Even though you are his sister you don't have standing. Your brother is an adult he will need to work through and attorney to obtain the requested information.

I know this is kind of confusing but you have several intricate issues going  on.  If you need clarification please post a follow up.

Hope this helped

Robin

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