Legal Question in Criminal Law in Nebraska
extradition hearing
My son has a extradition hearing coming up soon for a charge of theft by deception by another state. He withdrew money from a bank account that had his name, SS# and old telephone number on it after a State agency notified him that his name was on the account. Someone he does not know (but has the name of) put a freeze on the account. What does he need to do to prepare for the hearing; what can he expect to happen? A public defender was appointed, but he will not even discuss the case with him since the charge is from another state. If they extradite him to the other state will a public defender by sufficient to defend him? We cannot find a legal definition for theft by deception.
1 Answer from Attorneys
Re: extradition hearing
There's not much one needs to do to prepare for an extradition hearing. If the defendant consents to extradition he or she is transported to the jurisdiction wishing to extradite, although this can take some time before transport is arranged unless it is relatively close by. If transportation may be delayed, the defendant can ask for bail and it is sometimes granted. Resisting extradition is rarely successful but it can delay the process a few days while a governor's warrant is obtained. You have not indicated what state is charging your son, so defining theft by deception for you is not possible at this juncture.
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