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My boyfriend signed a waiver for extradition on the 10th of…

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My boyfriend signed a...

My boyfriend signed a waiver for extradition on the 10th of last month for Michigan how long do they have to pick him up

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Submitted: 1 year ago.Category: Criminal Law
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4/1/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,885
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

I'm afraid there is no perfect answer to your follow-up. Extradition will take as long as it will take. There are some general guidelines, however.

The holding state is required to give Michigan a reasonable amount of time to show up with a team of officers and take your boyfriend back to face his crime. Typically, that period of time is at least 30 days from when the defendant waived extradition and agreed to return to Michigan. 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 no movement on the part of Michigan, your boyfriend's lawyer can bring a writ of habeas corpus, which is an emergency remedy to bring him before the judge for the state to show good cause as to why he was still being detained and, if the state couldn't, release him.

Obviously, of course, if Michigan informs the holding state that they don't want him after all before the 30 days are up, he should be released at that time.

Usually, judges keep a 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. So, it's a good idea to have a lawyer on the holding end, if he has not already been assigned a public defender to make sure he gets out at the soonest possible time.

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