Legal Question in Criminal Law in Pennsylvania
Extradition
What happens if an extradition hearing results in the defendant not being extradited? Are the charges then dropped, or does the prosecution try again? Is the defendant released?
2 Answers from Attorneys
Re: Extradition
these issues can be tricky. i am not 100% certain, but I think the answer is as follows: if the person is in pa, the other jurisdiction has to get the person within 30 or 90 days from the date of the hearing or else the holding jurisdiction will release the person unless something else is holding them, like bail or scofflaw. after the 30 or 90 days passes and the other jurisdiction still hasn't picked up the person, your lawyer can go in front of the judge to ensure the person is released on day 31 or 91. good luck.
Re: Extradition
The burden is on the person opposing extradition to prove that he or she was not physically present within the requesting state at the time that the criminal conduct took place. If the defendant meets that burden, I believe that he or she is simply released.
This is a highly complicated area, though, and it is important to get good legal advice at the earliest possible time in extradition matters.
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