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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26815
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My fiancé was arrested in Northern California and driving without a license.

Customer Question

Hi, my fiancé was arrested in Northern California for DUI and driving without a license. She has 2 prior DUI's in Georgia and has a felony for marijuana. Georgia has set a no bail warrant on her so while the local jail is ready to release her they can not due to Georgia placing a no bail warrant. Can a lawyer in GA get a bail set? Her probation was set to expire in 5 weeks, had been trouble free for the past several years. Will GA really come all the way across country for a pot charge?
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
Also, how long do they have to come pick her up if they so choose to do so and when does that time start, time of arrest or time of some sort of notification?Thanks
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Yes, if she has an out of state felony warrant for a violation of her probation, it is highly likely that Georgia will send a team of marshalls over to bring her back to face her judge. If she's been in for any length of time, Georgia has already expressed their intent to come get her. When she is returned to Georgia, bail may be possible there. Right now, the warrant matter is not before the Georgia court, and California controls whether she gets bail on the fugitive warrant.
She will have to resolve her California case first because once Georgia takes her, California won't pay to bring her back on a misdemeanor. California cannot take over and rule on the Georgia case. All it can do is what every other state is required to do when someone in its state has an out of state fugitive warrant, and that is to hold the defendant for extradition.
Georgia would get 30 days, starting from after the signing of the extradition waiver, to extradite her. That's because there's a Federal Act called the Uniform Extradition Act that says that 30 days is a reasonable amount of time for an extradition to be completed.
States are free to make their own modifications and are not bound by the Act, but because the Federal Law says that 30 days is reasonable and Federal trumps state, there isn't much one can do about a delay until after 30 days are up. Then, if there is still no movement on the part of the wanting state, the defendant's lawyer can petition for a writ of habeas corpus to bring her before the judge for the state to show good cause as to why she was still being detained and, if the state couldn't, to release her.
Usually judges keep close watch on extradition cases since these defendants can easily fall through the cracks of the system if there is no other case they are being held for. Your fiancee probably has a lawyer or a public defender assigned to her. If she has no lawyer, you have to get a lawyer involved in California in case someone may need to do a writ as I indicated before, to demand her release if good cause can't be shown as to why California is still holding her if she winds up being detained for more than 30 days after she signs the waiver.