Legal Question in Criminal Law in Pennsylvania

extradition from PA to New Jersey

My fiance was just paroled from a county jail in PA, but he has criminal charges in New jersey. He missed a hearing in NJ because he was still incarcerated in PA. Now that he has been paroled PA is still holding him, because there is a bench warrant issued by NJ. No one will provide him with papers to waive the extradition, even with both his PA and NJ lawyers both requesting them. How long can he legally be held without receiving these papers.


Asked on 10/11/07, 9:10 pm

1 Answer from Attorneys
Jay Hochberg

Re: extradition from PA to New Jersey

A person can be held in Pennsylvania on a Fugitive Of Justice charge for a period of ninety days. During that time, the State seeking extradition must produce a Governor's Warrant. If that warrant is produced within ninety days, then the State seeking extradition has thirty more days to actually come and get the person.

If any of these time periods are violated, the appropriate step is to file a Habeas motion in the Court of Common Pleas for the Pennsylvania county that is holding the person.

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Answered on 10/12/07, 10:15 am


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