Summary
The demanding state generally has 30 days to pick up a fugitive after an extradition hearing. If the state fails to do so, the fugitive may be released, though this often requires a court order. In Michigan, if a governors warrant is issued, the 30-day period can be extended by the court. Consult a local attorney for tailored advice.Full Conversation
How many days in total does another state if extraditing a fugitive have to pick them up and take them to the state requested?
Hello ****. The total time for interstate extradition can vary. However, after the fugitive has agreed to be transported, the demanding state typically has 30 days to pick up the fugitive. Can you please mention the states involved, so I can give more specific information?
What if he was already in custody for 30 days and they didn’t pick him up?
If he was in custody for 30 days and the demanding state didn't pick him up, typically, the custody state may release him. However, rules vary by state. Which states are involved in your situation?
This is originally from Montana
Hello ****. In Montana, the demanding state typically has 30 days to pick up the fugitive after the extradition hearing. If they don't, the fugitive can be released. However, the release is not automatic and may require a court order.
So yesterday he had his hearing, my husband to be extradited or released and they took him into custody again.
Hello ****. If your husband was taken into custody again, it might be due to other charges or an extension granted by the court. You may want to consult with a local attorney for more precise information.
Tomorrow would be 90 days.
Hello ****. If your husband has been in custody for 90 days in Montana waiting for interstate extradition, you should consider speaking to a local attorney. They can review the specifics and may be able to request his release.
It’s here in Michigan. He is awaiting to be taken to Montana on a governors warrant. That’s why I’m asking. Thought it was 90 days which would be tomorrow but they still have yet to pick him up.
Hello ****. In Michigan, if the governor's warrant is issued, the demanding state typically has 30 days to pick up the fugitive. However, this can be extended by the court. Consult with a Michigan-based attorney for advice tailored to your situation.
Okay thank you.
You're welcome, ****. If you have any more questions or need further clarification, don't hesitate to ask. Best of luck with your situation.
Thank you so much!
Great, ****! If you need further legal information in the future, don't hesitate to reach out. Have a good day!
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