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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My ex-girlfriend was arrested in California on a warrant from

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My ex-girlfriend was arrested in California on a warrant from Washington State for a probation violation. She signed a waiver of extradition and was told that Washington State had ten days to pick her up or she had to be released, but she has now been held longer than ten days. The booking facility tells me that they'll keep her as long as Washington continues paying for her to stay there.

I've been searching and finding a lot of conflicting information. I can't find a ten day requirement in the RCW's, and a lot of people who describe that requirement offer no citations. Can anyone clairify whether she has to be picked up by Washington State within ten, thirty, or some other number of days, and point to the RCW or other law that makes these requirements? Once I have solid information I plan to hire a lawyer down there to get her out.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello Jacustomer,

The booking facility is correct. They will keep her as long as Washington continues to pay for her . As far as extradition goes, generally, a state would get 30 days, starting from when the defendant agreed formally to waive extradtion and return to Washington, for Washington to get its paperwork together and send a team to pick her up on the fugitive warrant. That's because there's a Federal Act called the Uniform Extradition Act that says that 30 days is a reasonable amount of time to wait for pick up. States are free to make their own modifications, but because the Federal Act says that 30 days from waiving extradition is a reasonable wait, there isn't much one can do about a delay until after that point.

So the real answer is that Californiia can hold him as long as it takes, but if there is still no movement on the part of Washington after 30 days from the waiver, a lawyer can petition for a writ of habeas corpus to bring the defendant before the judge for the state to show good cause as to why she is still being detained and, if they couldn't, to release her.

 

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16041
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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