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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25971
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Have a question they telling me by boyfriend has to wait

Customer Question

Have a question they telling me by boyfriend has to wait 10days no weekends or holidays included he got picked up in p.a but its a new Jersey charge no bail either just wanna make sure on 10th day he will be released right?
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: His charge is a 3rd degree probably looking at probation but he never got letter for court so he had a warrant he wasn't aware of
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Well his charge is in new jersey but being held in Pennsylvania where he was picked up warrant was issued in August 2016
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 5 months ago.

Only New Jersey can address the merits of a New Jersey case. All that Pennsylvania can do, unless he has another NJ case, is to hold him for extradition to give New Jersey the opportunity to get its paperwork together and send a team of officers to pick him up.

Extradition can actually frequently take weeks to come about, but basically he can be held at least for 30 days from whenever he signs the waiver agreeing to go back to Jersey. That's because of a Federal Act called the Uniform Extradition Act, which says that 30 days is a reasonable amount of time for extradition to be completed.

After that period of time, if the delay on the New Jersey front is unreasonable, a Pennsylvania lawyer can file a writ of habeas corpus to ask the court to show good cause why he is still being held or if they cannot to release him.

Expert:  Zoey_ JD replied 5 months ago.

Sorry. That was supposed to read, "All that Pennsylvania can do, unless he also has a Pennsylvani case. . . "

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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