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waiver of extradition Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by MCindy, Apr 15, 2003.

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  1. MCindy

    MCindy Law Topic Starter New Member

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    If someone is a state inmate in one state and waives a detainer agreement to another state and it takes the 2nd state 55 weeks to come and retrieve that inmate for a trial is that legal? Isn't there a time limit? Are civil rights violated? Can you appeal?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Are you telling us that someone has been in jail for over a year without a trial?
     
  3. MCindy

    MCindy Law Topic Starter New Member

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    Yes, my friend has been in jail for over a year....he committed a crime in one state then committed a crime in another state but never came to get him until he took a plea in that state.....so after 55 weeks the 1st state came to get him to start up a trial.....
    Isn't there a specific amount of time that a state would come get him? Why wait til he makes a plea in the other state when they all along have been waiting to take him to trial but waited on him taking a plea and then picking him up to bring him back for a trial.......doesn't make sense..........
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Since the second state has him for a crime committed there, they may have first crack at him. Plus, he may need to be extradicted since the second state has the right to hold him in custody for crimes committed in that state. Waiting to determine what will happen might be in order.
     

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