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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118765
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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i am asking a question for my brother who was recently picked up in michigan for warrents in georgia.what happened was a friend of his gave him a credit card to use and had many times she gave him the pin and everything he never used it as credit he used atm machines which means she had to have gave him the pin number. she gave him the card and told him to go to michigan because she knew he wanted to move out of the state of georgia and had wanted to for some time he got into some trouble down there and wanted to straighten up his life which he did he came to michgian and got arrested twice when he first got here after that he completed inpatient treatment completed his probation paid all of his fines and held a job for over 3 years. georgia is telling the sherrifs dept he is being held in that they are comming to get him but will not say when. the jail he is being held in now is telling him that he cannot speak with a lawyer until he went before the judge. isnt that going against his miranda rights or are the laws different when dealing with extradition? they are also asking him if he wants to waive his extradition rights he is not sure what his rights are. one more thing i was wondering how long can this jail hold him until georgia decides to come and get him. can you please answer these questions for me so that i can let him know so that he doesnt make the wrong decision. thank you it is greatly appreciated
Under the laws on extradition, the issuing agency has a reasonable time to come to pick up the subject and unless extradition is waived there would be a court hearing where the sufficiency of the warrants would have to be proved (not the sufficiency of the charges). How this process works is that the DA in the jurisdiction where the warrants were issued will review the case to determine if they want to prosecute and pay for extradition. If they decide they want to prosecute they must make a request to the Governor of GA who has to review the case and if the governor's office decides the case is worthy of extradition, they make a request to the Governor of MI who reviews the request and determines if it is sufficient and then approves it and refers it to the MI court to issue the extradition based upon the governor's order. As you can see because of the steps involved this process can take sometimes 8-10 months.

As far as an attorney, you can hire him an attorney to make a motion to the court in MI for his release and seek to move the process forward. However, there is no right to appointment of counsel until a hearing is held before the judge.

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Customer: replied 7 years ago.

what exactly did you mean when you said that unless extradition is waived there would be a court hearing where the sufficiency of the warrants would have to be proved (not the sufficiency of the charges)? sorry this is all a little difficult for me to understand. and when you said that it could take from 8-10 months does that mean that he would be incarcerated in michigan for that time. also when i was doing some reasearch online i found that his extradition rights stated that he could only be held here for 30 days is that true or false. i also came upon a page that stated this "trial shall be commenced within one hundred and twenty days of the arrival of the prisoner in the receiving [S]tate," otherwise the indictment shall be dismissed with prejudice. i would also like to know if that is true or false?

Customer: replied 7 years ago.

another thing i would like to ask they told him that he will have a court date in michigan to explain the charges against him and what not is that when he is going to be able to have an attorney or does he have to wait for the court hearing in GA.

Customer: replied 7 years ago.
i just got back from visitation with him and i was told that he was not read his miranda rights not sure if they are allowed to not do that. he also told me that they didnt have a warrant at his time of arrest they booked him put him into population and then served him with a copy of an affidavit stating that they had picked him up? i am so confused as to what his rights are. please explain all this to me
The time frame on the trial you are talking about is if he invokes his sixth amendment rights to a speedy trial, but this is not automatic he must actually have his attorney file a speedy trial motion.. As far as the time for the process of extradition, most extraditions are completed in 30 days, UNLESS the state with the warrant can show reasonable cause as to why it is taking so long for the delay and this is when they can hold him for several months as long as they can present reason to the court for the delay.

At the hearing on extradition he would be provided an attorney if one has not already been hired for him before then. The charges will be read and this is where he would be given a chance to waive his hearing for extradition and agree to return to GA to face the charges.

The reading of his Miranda rights is not required. The only time those rights are required is when the police would be questioning him about the crime.

The process with require him held up to 30 days and if GA notifies the state of MI that they are working on extradition and willing to extradite, then they can hold him longer until GA can make arrangements to come and get him with the necessary paperwork as I explained in my first response.
Customer: replied 7 years ago.
ok i was wondering he was 17 when this all happened in GA. he will be 22 in two months. he has never been charged with a felony if he returns to georgia would he be able to claim the first offenders act? i am just wondering what would be in his best interest. it has been five years he has done alot of growing up i have many letters of representation for him from people in our communtiy. he has accomplished many things we are affraid if he returns to GA and serves his time he will be let out with probation which will keep him in the state. he did nothing but mess up his life down there we dont need him to repeat that. do you think it would be in his best interest to just waive his rights and go back or to try and get a speedy trial and claim the first offenders act.? thank you so much for all of your help so far you have answered alot of my questions and i am very thankful
Yes he could seek a deal under the first offenders act and that is up to the discretion of the prosecutor. It would possibly keep him in the state if he gets probation in GA, but his attorney could also ask the court to transfer the probation to MI where he has been living and as long as MI probation department accepts his probation then the court can order it to be moved to MI. But this is why you MUST get him an attorney to get all of these things handled. BotXXXXX XXXXXne is that if GA wants to prosecute the case, they will extradite and there is nothing that can be done to avoid that, so getting him an attorney now to begin working on this in GA is his best bet.
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Customer: replied 7 years ago.
thank you so much for all of your help i cant express to you how much i appreciate were extremely helpful and i am working my hardest to get him an attorney wish you were in the area Laughing lol