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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23597
Experience:  Active member of the NYS bar since 1989
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My partner is located in County Detention Center. Completing

Customer Question

Hi Pearl, My partner is located in Clark County Detention Center. Completing a 60 day sentence. He is on parole from the state of California and waived his extradition rights before he started the sentence basically when he was first arrested. California has not responded to calls if they will extradition him back to California for the parole violation. He had been in contact with his parole officer before before he was arrested in Las Vegas on new charges. Can you tell me how long does California have to extradite him or if they will?
JA: I'm trying to find the right Lawyer for you right now. As soon as they are ready, I will let you know.
Customer: Are you still there
JA: No. I'm the Lawyer's Assistant.
Customer: Will I get a response any time soon
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: He is the State of Nevada parole violation State of California
JA: Has anything been filed or reported?
Customer: The paperwork have been filed and reported
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just how long does the State of California have to come and get if he has waived his extradition rights over a month ago
Submitted: 1 month ago.
Category: Legal
Expert:  Zoey, JD replied 1 month 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.

Customer: replied 1 month ago.
I am just waiting for your response
Expert:  Zoey, JD replied 1 month ago.

The Nevada governor has the discretion to either keep your partner to finish up his sentence before enabling California to pick him up, or to let him go and have California return him. So it's entirely possible that he will have to serve out his complete sentence before California will be able to move him.

Still typing more. . .

Expert:  Zoey, JD replied 1 month ago.

If Nevada requires him to finish his sentence, typically then California would have 30 days to send a team to get him. Both Nevada and California recognize the Uniform Extradition Act which says that 30 days are reasonable for the transfer to be made. After that, if the defendant is still being held awaiting extradition, a lawyer can file a writ of habeas corpus to show good cause why Nevada is still holding him and, if they cannot do so, to release him.

So he really needs a lawyer on the Nevada end to make sure that he's still being held lawfully and that California does indeed intend to get him.

Expert:  Zoey, JD replied 1 month 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.