Expert: Robin Sexton - 8/25/2009

Question
I have two questions. My first question is how long can someone be held for extradition before they have to be picked up? Isn't there a standard to insure ones right to a speedy trial. My second question is once charged with a misdemeanor can it be changed to a felony if, there are no additional charges to be added on

Thanks  

Answer
Chantel,

You are correct on your "speedy trial" concern.  The current rule in regards to interstate extraditions is trial must commence in 180 days from the time the extradition is granted or waived.  However like most things in the legal world there will be exceptions.  Now as to how long they can be held prior to transfer.  That is not defined but is based on several factors.  how long is the holding state willing to hold, how long before the requesting state and transport, what time frames may be imposed by the holding states court and of course any pending court or local charges.

Hope this helped

robin