Expert: Robin Sexton - 8/15/2009

Question
My brother is in jail in Sacramento county. Here he is awaiting trial on a possession with intent to sell. He could get a few years on this charge. He also has Waso county in Nevada that has warrents on FTA for possession of stolen property, possession of drugs and drug parfanailea. Will Waso county exdradite him because he is not appearing in Waso County ? How long would the statue of limitions be on the charges in Waso if any?

Answer
Ian,

Sorry about the problems your brother is having.  There is no statute of limitations on warrants.  They can last for years.  If Wasco files a detainer on your brother he needs to respond immediately.  Here is what could happen.  If your brother is convicted in California he could be sentenced to X number of years.  Nevada files a detainer and your brother does not respond.  When he finishes his time in California, Nevada can then extradite him and try him in Nevada.  If convicted he starts his time in Nevada.  However if Nevada files a detainer and he responds then Nevada has 180 day clock to get him tried in Nevada.  He could then serve time concurrent as compared to consecutive.  Big difference.  These are all legal questions that should be discussed with appropriate counsel.  Since i do not know all the factors in your bothers cases or his history.

Good luck

robin