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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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1389 process from California to satisfy out of state

Customer Question

1389 process from California to satisfy out of state warrants, when does time start in Nevada....once paperwork is received by the DA or once transferred to county jail?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard. The process clock begins ticking when the person is booked on the warrant. If they wait until the DA gets the documents that might never happen.
It is a process, however. The court may then require the person to post significant bail or the person will be held in custody until the home state issues a Governor’s warrant. This process is very slow.
The fugitive may either deny the charges and fight extradition, or waive formal extradition and voluntarily return to the demanding state. A person may remain in custody even though they volunteered to return to face criminal charges.
If the person decides to fight extradition, and hold a probable cause hearing to determine the identity of person being held on the warrant.
In those cases, the issuing state will need to present competent evidence that the person in custody is actually the same person named in the warrant. This formal process occurs between the demanding state and state that is currently holding the person in custody.
Customer: replied 1 year ago.
appreciate your help
Expert:  Samuel II replied 1 year ago.
HelloYou are welcome. Extraditions are not as cut and dry as they seem. Thanking you in advance for a positive rating.