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My son was picked up in N.Y. State and (they say) will be…

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My son was picked...

My son was picked up in N.Y. State and (they say) will be extradited to Washington State for some past offense. How long from the time he was picked up until he has to have a hearing? And if Washington State does come and get him, what is the time line there?

Lawyer's Assistant: Has anything been filed or reported?

In reference to N.Y?

Submitted: 6 months ago.Category: Criminal Law
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Answered in 1 minute by:
8/1/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,082
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

When someone is arrested in NYS, they are arraigned on the charge within 24 hours. If the matter before the court is an out-of-state fugitive warrant, he will be asked whether or not he wants to waive extradition and be taken back to the state that wants him to face his case there or whether he wants to challenge extradition.

If he agrees to go back, he will appear in court for updates to make sure that Washington State is doing what it needs to in order to arrange for his transport, but there won't be any formal hearing. He will just be held until Washington arrives.

Typically, that can take at least 30 days from when the defendant waived extradition and agreed to return to Washington. 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 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 Washington, the inmate's lawyer can file a writ of habeas corpus. That's an emergency remedy designed to combat a wrongful detention. It would get him before the judge for the state to show good cause why they were still holding hiim and, if they couldn't, to release him.

Obviously, of course, if Washington informs New York that they don't want him at all before the 30 days are up, he would be released at that time.

If he did not agree to waive extradition and wants to challenge it, in my experience, the hearing will take several weeks to come about. That's because lawyers from Washington will have to be flown out to present evidence at the hearing.

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