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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4391
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My son was on deferred 5 year probation in Oklahoma he had

Customer Question

My son was on deferred 5 year probation in Oklahoma he had it transferred to Texas his home state. Now he has been charged with a new charge in Texas . Bond was set and paid and now they are holding him on the interstate compact agreement . How long can they hold him if Oklahoma doesn't extradite
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 10 months ago.

Hello.

I'm sorry to hear about your son's situation. They can hold him initially for thirty days:

Sec. 15. COMMITMENT TO AWAIT REQUISITION; BAIL. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and except in cases arising under Section 6, that he has fled from justice, the judge or magistrate must, by warrant reciting the accusation, commit him to the county jail for such time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the Executive Authority of the State having jurisdiction of the offense, unless the accused give bail as provided in the next section, or until he shall be legally discharged.

However, a judge can extend that initial thirty days by sixty more days:

Sec. 17. EXTENSION OF TIME OF COMMITMENT; ADJOURNMENT. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in Section 16, but within a period not to exceed sixty days after the date of such new bond.

It is unlikely for a violation of probation that a judge will extend the time in jail to await a pickup by Oklahoma. They do not generally extend unless there is a very good reason why Oklahoma couldn't pick him up during the initial 30 days. So it is likely that they won't hold him more than 30 days, and possibly even less if Oklahoma tells Texas that they don't intend to extradite before the 30 days is up.

Customer: replied 10 months ago.
They held him 60 days initially then allowed a bond. We posted the bond but Oklahoma had a hold today is 30 days since bond was posted on the new charge but he is on hold due to the interstate compact agreement
Expert:  Hammer O'Justice replied 10 months ago.

The time that he was held on the initial charge won't count toward the time he is being held on the Interstate agreement. Only the time from when the warrant on the other charge was served counts. He can be held up to 90 days total from when the warrant was served from Oklahoma under state law on extradition, although typically they do not hold over 30 days. The Interstate compact usually requires a retake within 30 days, but under the extradition law, they have up to 90.

Customer: replied 10 months ago.
today is the 30th day if they do not pick him up who would have to file paperwork for the extension and how would we know if that got filed or what he just be eligible to be released on bond when he has court tomorrow
Expert:  Hammer O'Justice replied 10 months ago.

The prosecutor's office would typically handle extraditions and request for additional time to hold him, and would usually only do so at the request of Oklahoma. If he has been appointed counsel, his lawyer can look into whether an extension has been filed and if it has not, can request his release if he is not already set for release by the jail at the expiration of the thirty days. It is likely that someone will know his detention status at his hearing tomorrow.

Customer: replied 10 months ago.
could the jail tell us if he is set for release ?
Customer: replied 10 months ago.
Is there somewhere I can read about the details on the extradition laws that would tell me why they would file an additional amount of time
Expert:  Hammer O'Justice replied 10 months ago.

The jail should know if the detainer is going to expire, yes.

As for the reasons, the law, which I pasted above, does not list possible reasons to extend a detainer. It just allows them to. It is just that in my experience, extradition detainers are not usually extended unless there is good reason and the other state actually intends to pick them up.

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