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AttorneyTom, Lawyer
Category: Criminal Law
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My son lives in idaho and is incarcerated there for illegal

Customer Question

My son lives in idaho and is incarcerated there for illegal drugs(marajuana?.He has charges i South Dakota as well. What are the chances that South Dakota will expidite there
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I've spent the last several minutes reviewing and researching your question. As you review this answer, please keep in mind that I only get credit for answering your question if you click Accept, so I'd be grateful if you'd do so. You'll still be able to ask follow-up questions using the Reply feature.

Extradition is an expensive and time consuming process for states. Often, a defendant can sit in jail for months while one state is waiting to determine whether or not it desires to make the effort to extradite an individual. It's not possible to provide a probability estimate as to whether or not an individual will be extradited, as that depends heavily on the details of the situation, the state's interest in the matter, etc. I'm sure you understand. However, I can tell you that extradition is more probable for more serious charges. For example, for a minor misdemeanor, like possession of a small amount of marijuana, extradition is often very unlikely. For a minor offense, it's often just not worth the state's investment to do it. However, as the seriousness of the crime increases, extradition can become far more probable. For instance, an individual facing a felony charge for growing marijuana, trafficking it, or selling large quantities would be looking at much greater odds.
When an individual is looking at the possibility of extradition, it's often wise to retain an attorney to address the matter directly. Decisive action can help to reduce the amount of time an individual is held while states try to figure the matter out amongst themselves.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I don't get any credit for my time and effort spent answering your question unless you click Accept.

Please use Reply to let me know if you have any other questions!

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