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Criminal Law/out of state fugitive warrant

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Expert: Edward Martinovich, Esq. - 11/30/2006


Question
if someone has a fugitive warrant in new york  and they are in jail in florida what are the chances that the waiver can approved? what's the statute of limitation for both states Florida and New york? If New york does not sent any paper work what happens then?

Answer
If someone is being detained in FLA on a fugitive warrant from another state like NY, then FLA will hold the person for their statutory period, could be anywhere from 30 to 90 days, until NY notifies them of their intention to either come and get the person, or not.  If NY does not let FLA know what they want to do, or does not come and get the person within the time period, then FLA can only hold him for their statutory period, as mentioned above.
Statutes of limitations dont apply in this context

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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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