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Criminal Law/Texas Extradition laws
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Question
Hello, I have a nephew on a felony probation warrant in Texas. he is currently in Orlando FLorida with the hold on him from Texas. Ok he got time served for a lesser charge in Orlando and they are still holding him for Texas. He has been in there for about 75 days and has waived his extradition rights. So, don't they have a limited number of days before they have to go pick him up or Orlando has to release him?
Chris:
Yes, you are correct, if he's waived his extradition, FL can only hold him for a limited period of time. When that time expires FL must release him. That period varies state by state, it can be anywhere from 30 to 90 days...
you need to hire a lawyer in FL to make a motion to have the kid released.
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Answers by Expert:
Edward Martinovich, Esq.
Expertise
Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me" I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.
Experience
I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.
Education/Credentials
I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.
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