How long can a state hold someone for an out-of-state warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How long can a state hold someone for an out-of-state warrant?
My husband was arrested 09/10/10 for an out of state warrant on a drug possession charge for which he was already tried for back in 2006-2007. I believe it was a 3rd degree felony in which the original charge was for. The warrant was initiated in TX. As of right now they still have not decided if he will be extradited. What kind of time could he serve if found guilty? This was his first offense and has had nothing else since this incident. Is there anything we can do to keep him on his current probation status?
Asked on September 14, 2010 under Criminal Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If the situation is really how you state in your question then I would go and seek legal help with all of this as soon as you can. Was this a warrant for the initial drug charge or a violation of probation (for leaving the state maybe?) afterwards? There are instances where probation can be served i one state evn though it was from another state but you have to apply to the department of corrections or your probation department for that privilege. You can not just leave the state. How long will they hold him? Well, they should not hold him for an unreasonable amount of time but they could hold him until Texas responds to the extradition issue. Get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.