In the state of California how long can some one be held in custody before extradition?
Tennessee is not sure if they would like to extradite my husband or not for a probabtion violation. Stemming from a Promoting of Prostitution Charge (go ahead and laugh...) Anyway he was picked up today for 2 traffic tickets in California, and the police have him in custody now. Is there a length of time that Tennessee has to decide whether or not they are going to extradite him? Like 10 days or soemthing? or can then keep him for like a year until Tennessee decides...
Answers:
I am NOT an expert in extradition matters. However, as I read California Penal Code sections 1552 and 1552.2, a person can be held for 30 days. After that, a California magistrate can extend the time for up to an additional 60 days. So it appears from these statutes that the maximum time a person can be held if the foreign state does not take jurisdiction is 90 days.
TN will decide within 24 hours. i wouldn't be laughing if my husband was picked up for a prostitution charge.i'd leave. let him take care of his own a ss.
The extradition will be almost immediate... if he doesn't fight it.
If he fights it... he may be held in jail for the durration of the time he is fighting it.
Most states follow through on extraditions when the warrant has gotten on the national database.
There really isn't a time limit set by law. But, most agencies will limit the time that the requesting agency gets to make a decision.
For example, I was asked to detain two juvenile last weekend for another county. They weren't sure if they actually wanted the juveniles or not. I told them they had 36 hours to pick them up or they would be released to their parents.
Most places aren't going to willingly take on more work so another entity can sit back and take their time to decide. It just makes more work for themselves.
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Answers:
I am NOT an expert in extradition matters. However, as I read California Penal Code sections 1552 and 1552.2, a person can be held for 30 days. After that, a California magistrate can extend the time for up to an additional 60 days. So it appears from these statutes that the maximum time a person can be held if the foreign state does not take jurisdiction is 90 days.
TN will decide within 24 hours. i wouldn't be laughing if my husband was picked up for a prostitution charge.i'd leave. let him take care of his own a ss.
The extradition will be almost immediate... if he doesn't fight it.
If he fights it... he may be held in jail for the durration of the time he is fighting it.
Most states follow through on extraditions when the warrant has gotten on the national database.
There really isn't a time limit set by law. But, most agencies will limit the time that the requesting agency gets to make a decision.
For example, I was asked to detain two juvenile last weekend for another county. They weren't sure if they actually wanted the juveniles or not. I told them they had 36 hours to pick them up or they would be released to their parents.
Most places aren't going to willingly take on more work so another entity can sit back and take their time to decide. It just makes more work for themselves.
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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