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  #1  
Old 01-08-2005, 02:48 PM
babygirl350 babygirl350 is offline
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Default Question on Signed Extradition Waiver

My husband is incarcerated in one state, after signing a waiver of extradition, the other state failed to pick him up in the time frame that they have. This happened back in 1997.

I am wondering now, even though he still has time in the other state (which is running concurrent with the state he is presently in), if since they failed to pick him up before, if that means they have lost the ability to do so now.

Does a refusal to pick him up remain in effect for the lifetime of the current incarceration?

Thanks for any and all help with this.

Should anyone have any questions that would help to answer this, I would be more than happy to try and answer them.

He also has the paper in his possession where he waived the extradition, signed by all and dated of course.
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Old 01-16-2005, 10:01 PM
babygirl350 babygirl350 is offline
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I have been informed this is a pretty universal question as it would apply to all states!

Please, if anyone has the answer reply.

Thanks to all who at least reads this, as it is pretty important to us.

I do appreciate it.
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  #3  
Old 01-17-2005, 05:11 PM
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Babygirl first off I am so sorry for not getting back to you yet. I did some research on what we spoke about, but when I didnt find much I PMd one person and email a friend of mine...still waiting to hear back from them. Please forgive me, I think of you all the time, but wanted to bring you good news...not no news or bad news! I hope to hear something soon.

Now, for this post...even though most states have different laws, I would assume that if someone had a detainer from another state these would be the steps that would take place...(I also learned some of this from another PTO member, who I will PM this link to and try to get her to come over and give you some more insight).

1) the state that they are incarcerated now would call the other state and ask if they are going to extradite and pick up the inmate
2) the state holding the detainer, at that time, will either refuse to extradite (some states do not extradite at all), or they will arrange to pick the inmate up, in which they have 30 days to do so. If they do not pick the inmate up within the 30 days (again, all states are different, but I am under the impression that the 30 days is standard) then the inmate is free to leave on his own.
3) now, if the other state does not want to pick him up, that does not mean that the charges are necessarily dropped...best thing for him would be to self-surrender in the other state...or move to a different state all together, LOL, tho I am not sure how this will work out if he gets into any trouble in the new state.


I hope this helps somewhat, again, I will try to get someone else to come over and post here for you. Keep the faith sweetie, you guys have worked hard for your honey's freedom, and you deserve nothing but that. HUGS!
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Old 01-17-2005, 05:27 PM
jftazzy102 jftazzy102 is offline
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Babygirl, hey my name is Jeanne. My husband and I are going through something very similar right now. Mine is up for parole and he has a warrant in another state than what he is incarcerated in. It is a non-extradiable warrant. What will happen is this: If he is granted parole out of courteousy the holding state will contact the recieving state. the recieveing state has a certain amount of time to come get him. I believe it is 30 days. When they are contacted and they say no they do not want him, whether it be non- or extradiable then they will let him go. If they say yes they want him then they will come get him.

Now you say that he has time in this other state that is running concurrent with what he is doing now right?
Has the other state agreed for it to run concurrent, if they have once his time is done they will probably sign off on him. That is what was suppose to happen in my husbands case but the holding state picked him up before the charging state could finish his court hearing.

I do know that once he is to be release they will contact the other state whether or not they said no before. Also if they do decide to come get him, he can also use the fact that last time they said they would and never came and picked him up. We did use this against a state that we had this happened in and the judge did not look to kindly on it and gave him probabtion in that state and sent him home.

See even though they said no last time, the warrant is made active every year until the case is solved. My husbands warrant was from 1996 and it was two years ago that they finally picked him up on it, then was given probabtion because the charging state never did anything to come get him, even though his mom told them where he was in 1996. It took a deputy who stopped him in 2003 in the state we live in to find the warrant.

But no they will not just drop the warrant. It will be a outstanding warrant until the charges are either dropped or he is picked up by them or he turns himself in.

This is exactly what my husband is going to have to do if he gets parole from the state he is in, he will have to come back to our home state and turn himself in.

If they refuse to come get him, yes you could always move to another state, but you will always have this over his head, and one day they will come get him. It really depends on the DA of the county in the state the warrant is in believe it or not.

I hope this helps and sorry it is so long, but I just thought of the last part of all this.. Have any more questions please let me know. And honey my heart and prayers go out to you and your man, because my husband and I know exactly what you are going through. Love Jeanne

Last edited by jftazzy102; 01-17-2005 at 05:37 PM..
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Old 01-17-2005, 05:43 PM
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Thanks so much for posting Jeanne, love you woman!!! I hope this helps babygirl!
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Old 01-18-2005, 11:53 AM
babygirl350 babygirl350 is offline
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Quote:
Originally Posted by jftazzy102
Babygirl, hey my name is Jeanne. My husband and I are going through something very similar right now. Mine is up for parole and he has a warrant in another state than what he is incarcerated in. It is a non-extradiable warrant. What will happen is this: If he is granted parole out of courteousy the holding state will contact the recieving state. the recieveing state has a certain amount of time to come get him. I believe it is 30 days. When they are contacted and they say no they do not want him, whether it be non- or extradiable then they will let him go. If they say yes they want him then they will come get him.

Now you say that he has time in this other state that is running concurrent with what he is doing now right?
Has the other state agreed for it to run concurrent, if they have once his time is done they will probably sign off on him. That is what was suppose to happen in my husbands case but the holding state picked him up before the charging state could finish his court hearing.

I do know that once he is to be release they will contact the other state whether or not they said no before. Also if they do decide to come get him, he can also use the fact that last time they said they would and never came and picked him up. We did use this against a state that we had this happened in and the judge did not look to kindly on it and gave him probabtion in that state and sent him home.

See even though they said no last time, the warrant is made active every year until the case is solved. My husbands warrant was from 1996 and it was two years ago that they finally picked him up on it, then was given probabtion because the charging state never did anything to come get him, even though his mom told them where he was in 1996. It took a deputy who stopped him in 2003 in the state we live in to find the warrant.

But no they will not just drop the warrant. It will be a outstanding warrant until the charges are either dropped or he is picked up by them or he turns himself in.

This is exactly what my husband is going to have to do if he gets parole from the state he is in, he will have to come back to our home state and turn himself in.

If they refuse to come get him, yes you could always move to another state, but you will always have this over his head, and one day they will come get him. It really depends on the DA of the county in the state the warrant is in believe it or not.

I hope this helps and sorry it is so long, but I just thought of the last part of all this.. Have any more questions please let me know. And honey my heart and prayers go out to you and your man, because my husband and I know exactly what you are going through. Love Jeanne
Thanks Jeanne for your response. Also thanks to you Sweetpea, I do so very much appreciate it.

Yes, the other state has it on paper which my husband has in his possession that his time is running concurrent.

I was not aware that the extradition paper is renewable each year. He has been in since 1997.

We did have one glimmer of hope two years ago the other state's DOC called to where he is presently and asked what his record has been. That leads us to believe (possibly falsely?) that they might not be interested in him for any further time in their state.

We are of course aware that a detainer is legal and binding and we are hopeful to get the detainer dropped and then we won't have to worry about the extradition. So far however, we have failed to do this. We haven't given up hope yet though. We are still working on this.

As far as self surrender, I guess that is always a possibility, however, if we can get this taken care of in another way, it certainly would make life easier for us both.

Well that is good news that in your case they refused to extradite and they did not pick your husband up, however, the judge was not impressed.

We definitely will be keeping that paper to prove they didn't pick him up. That they waived their right at least to come and get him. That didn't happen once, but twice actually, as he picked up another charge in the second state and they had him to sign another waiver of extradition. The first state still failed to come and get him.

This is such a nightmare for me, because I just am not legal savvy. My husband of course has access to legal books, however, not from the first state. He has the assistance of legal aides also, however, they are not knowledgeable of the first state.

I thank you for replying and giving me the info and I will pass it along to my husband.

I appreciate everyone's hard work on this and also to the member who PM'd me thank you very much.

My very best to you and yours.
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Old 01-18-2005, 11:57 AM
babygirl350 babygirl350 is offline
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Sweetpea-

Thanks for all of your help. I really do appreciate all that you have been doing to help my husband as well as me. It is very difficult to get bad news when there is no good news to go with it. However, now I have some more food for thought and can share it with him and see what we can do to use it to our best advantage.
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Old 01-18-2005, 01:24 PM
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In tx its 10 days but im not sure if its from the point of arrest, signing of the waiver or the judge ruling your extraditable.
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Old 01-18-2005, 02:11 PM
jftazzy102 jftazzy102 is offline
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You might also have him give you the name of the judge who is on his papers that shows that the sentences run concurrent and see if you can write him or call to see how you go about getting timed served. Check with the public defender that represented him and see what they can do also...
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Old 01-19-2005, 10:40 AM
babygirl350 babygirl350 is offline
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Quote:
Originally Posted by jftazzy102
You might also have him give you the name of the judge who is on his papers that shows that the sentences run concurrent and see if you can write him or call to see how you go about getting timed served. Check with the public defender that represented him and see what they can do also...
Actually, my husband has already sent in a form to the judge, prosectuting attorney and public defender for this to happen.

It is ultimately left up to the judge, who also happens to be the sentencing judge originally, however, he does get feedback from the Prosecutor. The Prosecutor's reccomendation was No. We are awaiting the judge's reply now.

The wait is very difficult for us both. So much is riding on the answer.

Just have to hope it works out for the best. That is all either of us can hope for now.

Thanks for your help, yet once again.
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