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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23533
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my husband has been in a texas jail for 8 days waiting for

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my husband has been in a texas jail for 8 days waiting for a extradition hearing. is he entitled to a hearing befor going back to california on a parol violation and how long can they hold him in texas befor he is relesed
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Customer

When someone is picked up on a fugitive warrant, he has two choices. He can waive extradition -- meaning he can agree to let the state that wants him pick him up and take him there (the wanting state generally has 30 days to get their paperwork together and send officers to pick up the defendant) -- or he can contest extradition (ask for a hearing to try to prevent being taken back to the wanting state).

Every state will give full faith and credit to a sister state's warrant, but nobody other than the wanting state has the jurisdiction to try the underlying warrant matter for itself. In other words, your husband's California parole violation can be litigated only in California. So for most defendants an extradition hearing is usually just a time-wasting loser. There are very limited grounds on which to contest extradition: one is that the wanting state's paperwork was improperly filled out; another is that the defendant is not the same person as the one wanted in the other state.

If your husband actually has a parole violation in California (he knows that California has named the right person on the warrant) and he asked for an extradition hearing, then he has cost himself time. The prosecutor has obtain information from the wanting state and prepare for a hearing, and the hearing has to be scheduled, generally about a month later. At the end of the hearing, your husband will be ordered back to California, unless, as indicated, he's not the person named in the warrant and was never on parole there. Once he loses, then Califoria will have 30 days in which to come and pick him up. Meanwhile, none of the time he is doing in Texas counts towards the time he owes parole in California.



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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

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