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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101760
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband has been arrested we now live in Wyoming he was

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My husband has been arrested we now live in Wyoming he was arrested on a missouri warrent, what happens next and what are our options he is 49 years old never been arrested before has no criminal record the warrent is for child abuse and is completely unsubstatiated there are no facts in this case it is all circumstatial. the incident happened back in feb of 2012 and he was just arrested last night
Hello, my name is Ely. I am here to help you. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear. There may be a slight delay between your follow ups and my replies as I type out a thorough reply for you.

I am very sorry for your husband's situation. At this point, what has happened is that Wyoming has arrested your husband due to an outstanding warrant out of Missouri. This is not unusual in that a state will hold someone for another state.

At this point, Missouri will then arrange transport for your husband back to Missouri to stand trial on the matter. Your husband can technically challenge state extradition, but about 99% of the time, the extradition is upheld and he would be relocated anyhow.

Once in Missouri, he should have what is known as an arraignment hearing within a few days of arriving there. At the arraignment, he will be explained his charges clearly, an attorney is to be appointed, he will be asked to enter a plea (not guilty should be his plea), bail will be set, and another setting will be set for later on.

At this point, you will be able to bond him out. Bond is set on factors such as financial stability, likelihood of leaving jurisdiction, the seriousness of the charges, and so on.

Please review the guide here which you may find very helpful.

You typically only need to post about 15% of the bond - you pay this to a bail bondsman, who puts up the rest.

Once this is done, he will have several resets where he and his attorney may discuss things like plea deals, etc., before trial. Remember, the onus is on the district attorney to prove the case beyond a reasonable doubt.

He will need an attorney. If he bonds out, then his public defender will likely be taken away. May I recommend the Missouri Bar Referral program - here. The attorneys are vetted and qualified and the service is free. Then you can cross-reference the name(s) on www.avvo.com for client reviews, Bar history, and metrics.

Doing this, you should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Your steps here should be:
1) call an attorney, get more information, and possibly retain one.
2) call a bail bondsman and discuss bond possibility once he is assigned bond.

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Customer: replied 4 years ago.
How long does the extradite take? Meaning will it be months before he is sent to Missouri or will it be days?
Hello friend,

This is called out of state warrants extradition. The typically amount of time that the state will take is under 30 days. Normally, 3 weeks at the most, perhaps faster.

He may also even request an "extradition bond" during extradition. He would have to acknowledge the validity of the warrant but also state that he is willing to turn himself to the demanding state within a specified period of time, thus satisfying the warrant. A Wyoming Judge has discretion to grant this extradition warrant, and an attorney is needed in Wyoming to file one.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Customer: replied 4 years ago.
Do you know about how much this costs?
My apologies for the wait.

An attorney in Wyoming for an extradition bond normally may cost about $350 to $1,500, depending on the circumstances.

An attorney Missouri for general representation may run around $3,500 and up.

IMPORTANT INFO: I hope this finds you well. Please use REPLY button to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then SUBMIT, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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