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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27751
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Extradition Arkansas. Any legal experts out there from Arkansas

Customer Question

Extradition Arkansas. Any legal experts out there from Arkansas or who have had dealings with Arkansas regarding extradition.

I have specific questions regarding the process.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hello Jacustomer,

I do not believe that there are any Arkansa criminal law attorneys presently active on JustAnswer. I've had extradition experience, but I am a New York lawyer. I'd be happy to give you a second opinion if you want it.

Let me know.
Customer: replied 6 years ago.
I am being told by someone who has dealt with officials i.e. sheriffs etc that Arkansas does not have to abide by the Uniform Criminal Extradition Act I am wanting to know how Arkansas can get away with that? Supposedly Arkansas has agreed to abide by the Act.
I was told by the Prosecuting Attorney that California has 10 business day to file a requisition to get the person. I talked with an attorney from California which is our home state. He said that California will not come to get someone for a "probation violation" especially when we think the judge in the case has no jurisdiction. I have reviewed an Arkansas case in which the person filed a habeas corpus. The Appellate Court from Arkansas said that if the person believes there is no jurisdiction they would have a case.
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

The Uniform Extradition Act sets recommended guildelines but states are always free to be modify Federal law to be more restrictive than the Federal government provides. They just can't be less so. It's been my experience that as long as the state confirms within 30 days of the waiver of extradition that it will be coming to get the defendant, the holding state will grant reasonable delays past the 30-day deadline while the wanting state gets their team of officers together and travel arrangments approved administratively and booked.

In law, as in many other fields, what's written in books, even as law, has to yield to practical realities. States all build themselves wiggle room into their extradition policies.

Whether you think the California judge lacks jurisdiction is irrelevant to Arkansas, as California obviously thinks that they do have jurisdiction, which is why the warrant was issued in the first place. Every state must give full faith and credit to a sister state's fugitive warrant, and Arkansas lacks the jurisdiction to decide the California matter for itself. So what they do is impose the hold.

Extradition is a very expensive proposition for most states. And it may well be that as a practical reality California will not extradite for a violation of probation. But they can. The failure to extradite on a felony probation matter is not a hard and fast rule and can depend on the facts and circumstances of the case and the criminal history of a particular defendant. Arkansas is entitled to hear what California wants from the appropriate California channels and not guesstimate based on what it hears it generally does.

If California does send official word saying, "we don't want him" before the 30 days are up, the state should absolutely release him and it would be a violation of a defendant's Constitutional rights to keep him wrongfully detained.

However, it is possible that defendants awaiting extradition can fall into a time warp and get lost in the system, although most states keep these matters on the court calendars for regular appearances and status updates from the prosecutor's office to prevent that. For this reason, it's always a good idea to have a lawyer for the defendant in the holding state (and if you haven't retained one, he should already have an assigned public defender and you can find out who that is by contacting the clerk of the court)

Because the Uniform Extradition Act says that a 30 day hold is reasonable, a defendant's detention does not start getting unreasonable until after the 30 days are up. At that point a lawyer would be able to petition for a writ of habeas corpus to bring the defendant quickly before the judge for the state to show good cause why they continue to hold him or to release him. That does not, however, have to cause an immediate change in circumstances for the defendant. It merely entitles him to a hearing on the matter. The case will be adjourned for the prosecutor and the defense to prepare for the hearing. If the defense wins the hearing, the defendant will be released. If not, the defendant will continue to be held.

I hope this helps and I realize that none of this is what you'd most like to hear. You'd like somebody to say that there is an absolutely certain day on which someone in these circumstances must be released from custody. There simply isn't.
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you. We have been fighting California over jurisdiction. I am now at the Federal Court level. I have been filing habeas corpus's in my son's behalf. We have paid thousands of dollars and not gotten go legal help. I paid someone $2,500 to just do a simple request like modification of probation and she couldn't even do that I paid someone $10,000 to file a habeas and they lied and just took my money. So I am afraid to pay someone when I have gotten ripped off now in the excess of $12,500.00 not to mention my son is dying.. because of his poor medical care in the California Penal System where 8 inmates die each week.

thank you.
Expert:  Zoey_ JD replied 6 years ago.
I am so sorry to hear all of this.

My very first extradition case was one where my client's own RAP sheet conclusively proved beyond a reasonable doubt that he was not the man wanted by the Kansas authorities. He contested extradition rather than agree to return.

I'll spare you the details except to say that the arraignment judge remanded him anyway, and the next judge wouldn't budge. I did an immediate writ and got a fairly quick hearing but all in all my client sat in jail for close to two weeks before Kansas agreed that he was the wrong man. I was a rookie attorney and was simply appalled.

I wish you luck.
Customer: replied 6 years ago.
In Arkansas they immediately get you to sign away your rights i mean even before you are booked they have you sign a waiver to be extradited and i was told he cannot take it back.. it appears this is coming from the Arkansas Attorney's General Office to use this unfair tactic He did an opinion on it that most appellate courts are agreeing to it because the Uniform Criminal Extradition Act allows an informal process so that the person does not have to go before a judge. The act is being revised but not all states are agreeing to it. It appears someone agrees that fugitives are being harassed and their rights violated. I did accept your answer gladly and gave you a bonus thank you. it was very helpful information
Expert:  Zoey_ JD replied 6 years ago.

In my state too the defendant has to immediately decide whether to waive extradition and go back to the wanting state or to contest extradition. Because of the Uniform Act, these procedures are very similar in all states. What passes in some for reasonable delays can be scary.

I did see the accept and the bonus. Thank you very much. I'm glad that I was able to put this in context for you.
Customer: replied 6 years ago.
Yes but in Arkansas they state you don't have to go before a judge The Attorney General for Arkansas wrote an opinion stating that there is no need for the fugitive to go before a judge so what is happening the sheriff immediately has them sign a utterly ridiculous waiver.. i mean it says that the fugitive cannot sue the sheriff or the state over anything and makes it carry over to the demanding state.. it is not your typical waiver. It basically says if you die you cannot sue. So if your living conditions are horrible and you get sick you cannot sue.
Expert:  Zoey_ JD replied 6 years ago.
That's horrible. Of course, one can always sue in Federal Court to test the Constitutionality of the law. They can't take that away from a defendant. If you haven't already dropped a line to the ACLU about this you ought to. They are heavily involved in issues of inmate's rights, and may be doing something about it already. Even if it doesn't make much of a difference on your particular matter, it certainly can't hurt.
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you. will do.. great advice..