Legal Question in Criminal Law in California

Extradition

How long can a person be held in a county jail for extradition without some word as to a hearing, trial,

or other proof of guilt?


Asked on 2/06/01, 2:40 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Extradition

Arrest to arraignment - all practicable speed.

Request for Governor's hearing following arrest - ASAP following arrest.

Arraignment to identify hearing - within 10 days or the court can discharge.

Commitment to Governor's warrant - within 30 days from identity hearing or the court can discharge defendant or recommit for an additional 60 days. If this 90 day period passes without the defendant's arrest on the Governor's warrant, the defendant must be discharged.

There are a number of other matters that may occur that have various time limits, but the above 90 day period probably sets the outside limit. After that other matters are done pretty much ASAP or two court days.

Lots of luck.

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Answered on 3/20/01, 5:48 am


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